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I.-C.

Agenda Item

County of Hanover

Board Meeting: July 28, 2021

Subject: Request for Approval of Minutes - June 2 and June 23, 2021

Summary of The minutes from June 2 and June 23, 2021, are included in the packet to be Agenda Item: approved.

County A motion to approve the Board of Supervisors meeting minutes of June 2 and June Administrator’s 23, 2021. Recommended Board Motion:

Board of Supervisors and Economic Development Authority Joint Work Session Minutes – June 2, 2021

HANOVER COUNTY BOARD OF SUPERVISORS HANOVER COUNTY ECONOMIC DEVELOPMENT AUTHORITY

MINUTES

June 2, 2021

VIRGINIA: At a special meeting of the Board of Supervisors (BOS) and the Economic Development Authority (EDA) for Hanover County held in the conference room of the Hanover Golf Club, 14314 Country Club Drive, Ashland, Virginia on the 2nd day of June, 2021, at 11:00 a.m.

Present: Mr. Sean M. Davis, Chairman, BOS Mrs. Angela Kelly-Wiecek, Vice-Chairman, BOS Ms. Susan P. Dibble, BOS Mr. W. Canova Peterson, BOS Ms. Faye O. Prichard, BOS Mr. Aubrey M. Stanley, BOS Mr. Bob DeLille, Chairman, EDA Mr. Rob Monolo, Vice Chairman, EDA Mr. Chris Johnson, Treasurer EDA Mr. Trey Hayden, EDA Mr. Jim Kickler, EDA Mr. Page Pigg, EDA Ms. Elizabeth Rafferty, EDA Mr. John A. Budesky, County Administrator Mr. Dennis Walter, County Attorney Mr. Linwood Thomas, Secretary, EDA

Absent: Mr. F. Michael Herzberg, IV, BOS

I. Call to Order A. Mr. Davis called the BOS meeting to order at 11:00 a.m. All BOS members were present except for Mr. Herzberg and Mrs. Kelly-Wiecek.

II. Invocation The invocation was given by Mr. DeLille.

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Board of Supervisors and Economic Development Authority Joint Work Session Minutes – June 2, 2021

III. Pledge of Allegiance The Pledge of Allegiance was led by Mr. Peterson.

Mr. DeLille called the EDA meeting to order at 11:00 a.m. All EDA members were present. Mr. Davis, Mr. DeLille and Mr. Budesky had opening comments and explained the purpose of the work session. Mrs. Kelly-Wiecek arrived at 11:09 a.m.

IV. Review Current Economic Development Goals and Strategies A. Key metrics and data points (last 5 years) Mr. Thomas reviewed the economic development metrics. BOS members had questions and Mr. Thomas offered clarification on the retail and other vacancy rates.

B. Where are we today? Mr. Thomas reviewed the current measurements of the objectives listed under the economic development goal, create strategic business investment that enhances the quality of life in Hanover County, which is part of the Hanover County Strategic Plan. The tiers under the Virginia Business Ready Sites Program (VBRSP)

C. Potential Challenges now and in the future The percentage of total taxable assessed value by property type was reviewed. The challenge of funding infrastructure needs, such as replacing older school facilities, without having the citizens bear the majority of the costs was discussed. The seven Economic Development Zones were discussed. The need to provide opportunity for public input was discussed.

V. What do we believe successful economic development looks like? BOS members shared their thoughts on what they believe successful economic development in Hanover County should look like. Some of the thoughts and suggestions shared: 2

Board of Supervisors and Economic Development Authority Joint Work Session Minutes – June 2, 2021

 The importance of making sure any plan put into place will meet the needs of the citizens in that area.  Implementing a tool that would allow citizens to click on an area of the county on a map and see what types of potential development might be coming to that area.  Being more thoughtful about what economic development looks like to the neighboring citizens.  Doing a better job of communicating and explaining to the citizens how the Suburban Service Area (SSA) was designed and exactly what that means.  Asking citizens what types of economic development they would like to see in their area.  The huge role for other factors, such as noise ordinances that are enforceable, to keep a business from being a detriment to the neighboring citizens.  Mitigating problems caused to citizens by construction noise and traffic during building.  Consider adding transitional areas to the Comprehensive Plan to ease the change from residential to commercial.  Understanding what it takes to create an environment that is conducive to citizens to live, work and play within their community.

Mr. Davis announced a brief recess at 12:29 p.m. The meeting was reconvened at 12:43 p.m.

VI. Working lunch: Are we clear on what types of economic development we want in Hanover County? Suggestions:  Age restricted communities similar to Covenant Woods with adjoining retail components.  Same as above but lower cost communities.  Data Centers (there was a discussion about the necessary investment in infrastructure as well as screening, placement and landscaping).

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Board of Supervisors and Economic Development Authority Joint Work Session Minutes – June 2, 2021

 Infrastructure improvements such as water and sewer lines that are designed in such a way that they bring beneficial amenities (walking trails, biking trails) for business that require sites where the infrastructure already in place.  Companies that are “green” to build on Hanover County’s identity as a rural community.  Agricultural development.

VII. How can the EDA Support the BOS in the Board’s economic development goals and strategies? There was a discussion about the EDA’s desire to move Hanover County forward. Some of the things EDA’s are legally able to do and some things that the EDA’s in nearby localities are doing were explored:  Acquiring, controlling land for specific development.  Conducting studies.  Investing in infrastructure.  Making business loans and grants.  Playing a role in the marketing/public relations in the county.  Make recommendations to the BOS on specific projects.

VIII. Next steps, goals, takeaways There was a discussion on the EDA locating available properties and bringing information to the BOS about what it would take to get that property ready for development (an inventory assessment). Additionally, an industry analysis of those sites to identify what types of businesses could be sought was identified as something that would be helpful to the BOS. There was a discussion about the EDA committing to studying the existing Economic Development Zones and identifying potential future EDZ’s as well as those that could possibly be eliminated. The EDA looking into having public meetings as a part of playing a larger role in the Comprehensive Plan process was discussed. The importance of the EDA, the BOS and staff working together was stressed.

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Board of Supervisors and Economic Development Authority Joint Work Session Minutes – June 2, 2021

IX. Adjournment At 2:01 p.m., Mr. Davis adjourned the Board of Supervisors meeting to Wednesday, June 23, 2021, at 2:00 p.m. at Hanover County.

At 2:01 p.m., Mr. DeLille adjourned the Economic Development Authority meeting to Wednesday, June 9, 2021 at 7:30 a.m. at the Hanover County Economic Development Office.

______

Chairman, Board of Supervisors

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Board of Supervisors Minutes – June 23, 2021

HANOVER COUNTY BOARD OF SUPERVISORS MINUTES

Hanover County Administration Building - Board Room

June 23, 2021

VIRGINIA: At a regular meeting of the Board of Supervisors for Hanover County held in the Board Room of the Hanover County Administration Building on the 23rd day of June, 2021, at 2:00 p.m.

Present: Mr. Sean M. Davis, Chairman Mrs. Angela Kelly-Wiecek, Vice-Chairman Ms. Susan P. Dibble Mr. F. Michael Herzberg, IV Mr. W. Canova Peterson Ms. Faye O. Prichard Mr. Aubrey M. Stanley Mr. John A. Budesky, County Administrator Mr. Dennis Walter, County Attorney

I. Call to Order Mr. Davis called the meeting to order at 2:00 p.m. All Board members were present. A. The invocation was given by Mr. Davis. B. The Pledge of Allegiance was led by Ms. Dibble. C. Approval of Minutes – May 12 and May 26, 2021. Mr. Peterson made a motion, seconded by Ms. Prichard to approve the minutes of May 12 and May 26, 2021. Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye Motion passed.

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Board of Supervisors Minutes – June 23, 2021

II. Considerations of Amendments of the Agenda The Chairman asked if there were any amendments to the agenda. Mrs. Kelly-Wiecek made a motion, seconded by Ms. Prichard, that the agenda be amended to add and amended Item V.-A. – Committee Appointments. Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye Motion passed.

III. Comment Period A. Chairman and Board Member Comments Mrs. Kelly-Wiecek expressed her appreciation for the teachers, aides and other school staff for helping the students get through a challenging school year.

B. County Administrator Comments Mr. John A. Budesky, County Administrator, introduced and welcomed Dr. Jay Brown, Deputy County Administrator. Dr. Brown came forward and expressed his appreciation to be joining the Hanover County team. Board members welcomed Dr. Brown. Mr. Budesky announced that there will be an event this Friday from 11:30 a.m. to 1:30 p.m. to recognize and thank the volunteers who helped out at the Hanover County Vaccination Clinic. He thanked the board members and the Economic Development Authority members for the work that went into the recent joint meeting between the board and the EDA. He noted the 300th birthday event celebration and shared some of the upcoming events:  On Saturday, August 7th, the Flying Squirrels will host Hanover County Day.  On the weekends of August 21-22 and 28-29, Kings Dominion will be offering discounts for Hanover County citizens.

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Board of Supervisors Minutes – June 23, 2021

He noted the recent passing of Charles Gale “Bear” Carneal, former Deputy Chief and longtime member of the Hanover County Fire/EMS family. The Chairman encouraged all board members to attend the clinic event if possible and noted the tremendous amount of work done by county staff and volunteers.

IV. Citizens’ Time The Chairman opened citizens’ time and offered to anyone who wanted to address the Board of Supervisors for up to five minutes on any matter within the scope of the Board’s authority that is not on the agenda for a public hearing at that meeting to come forward. Ms. Patricia Jordan, Cold Harbor Magisterial District and Hanover NAACP representative, came forward to speak about racial equity in Hanover County. No other citizens came forward to speak. The Chairman closed Citizens’ Time.

V. Consent Agenda Mr. Peterson made a motion, seconded by Mr. Herzberg, to approve the consent agenda. Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye Motion passed.

V.-A. Committee Appointments COMMITTEE NAME DISTRICT FIRST LAST FIRST TERM RECOMMENDED NAME NAME TERM LENGTH ACTION BEGAN Agricultural & Forestal Landowner J. Meade Anderson 02/11/09 6 years Reappoint to Districts Advisory 6/30/27 Committee Agricultural & Forestal Farmer Tilghman Broaddus 02/11/09 6 years Reappoint to Districts Advisory 6/30/27 Committee

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Board of Supervisors Minutes – June 23, 2021

COMMITTEE NAME DISTRICT FIRST LAST FIRST TERM RECOMMENDED NAME NAME TERM LENGTH ACTION BEGAN Agricultural & Forestal Farmer Carolyn Eaves N/A 6 years Appoint to 6/30/27 Districts Advisory Committee Agricultural & Forestal Landowner Jeff McKinney 02/11/09 6 years Reappoint to Districts Advisory 6/30/27 Committee Agricultural & Forestal Farmer Churchill Noland 02/11/09 6 years Reappoint to Districts Advisory 6/30/27 Committee Agricultural & Forestal Staff Support Richard Paul 03/01/15 6 years Reappoint to Districts Advisory 6/30/27 Committee Agricultural & Forestal Farmer George Rice 02/11/09 6 years Reappoint to Districts Advisory 6/30/27 Committee Agricultural & Forestal Landowner William Stanley 02/11/09 6 years Reappoint to Districts Advisory 6/30/27 Committee Hanover County Chickahominy Miriam Chambliss 07/01/13 1 year Reappoint to Council on Aging 6/30/22 Hanover County Cold Harbor Bunny Young 06/01/15 1 year Reappoint to Council on Aging 6/30/22 Roads Committee Cold Harbor Patsy Napier 10/01/13 1 year Reappoint to 6/30/22

V.-B. Request for Adoption of Resolution – Acceptance of Streets into the Secondary System of Highways – Bethany Estates - Magisterial District: South Anna Board Sheet Background: Bethany Estates is a 10 lot residential subdivision recorded on September 26, 2006. The Virginia Department of Transportation – Ashland and the Departments of Planning and Public Works recommend processing for acceptance of streets in the resolution into the State Secondary System. Recommended Action: A motion to adopt the resolution requesting the Virginia Department of Transportation to 4

Board of Supervisors Minutes – June 23, 2021 accept Bethany Estates Way into the Secondary System of State Highways.

RESOLUTION

WHEREAS, Bethany Estates has been completed, and WHEREAS, the streets of Bethany Estates meet the public service criteria of the Secondary Street Acceptance Requirements; and WHEREAS, the development sketch and VDOT Form AM 4.3, attached and incorporated herein as part of this resolution, define additions required in the Secondary System of State Highways as a result of construction; and WHEREAS, certain segments identified on the incorporated Form AM 4.3 are ready to be accepted into the Secondary System of State Highways. NOW THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the segments identified on the incorporated Form AM 4.3 to the Secondary System of State Highways, pursuant to §33.2-705 of the Code of Virginia, for which segments this Board hereby guarantees the right of way to be clear and unrestricted, including any necessary easements for cuts, fills, and drainage, and BE IT FINALLY RESOLVED, a certified copy of this resolution be forwarded to the Virginia Department of Transportation. Upon motion by Mr. Peterson, seconded by Mr. Herzberg, the members of the Hanover County Board of Supervisors voted to adopt this resolution, as follows: Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye

V.-C. Request for Adoption of Resolution – Acceptance of Streets into the Secondary System of Highways – Hickory Hill, Section 4 - Magisterial District: Beaverdam Board Sheet Background: Hickory Hill, Section 4 is a 20 lot residential subdivision recorded on November 19, 5

Board of Supervisors Minutes – June 23, 2021

2018. The Virginia Department of Transportation – Ashland and the Departments of Planning and Public Works recommend processing for acceptance of streets in the resolution into the State Secondary System. Recommended Action: A motion to adopt the resolution requesting the Virginia Department of Transportation to accept Magnolia Blossom Road and LaReine Court into the Secondary System of State Highways.

RESOLUTION

WHEREAS, the Hickory Hill Section 4 has been completed, and WHEREAS, the streets of Hickory Hill Section 4 meet the public service criteria of the Secondary Street Acceptance Requirements; and WHEREAS, the development sketch and VDOT Form AM 4.3, attached and incorporated herein as part of this resolution, define additions required in the Secondary System of State Highways as a result of construction; and WHEREAS, certain segments identified on the incorporated Form AM 4.3 are ready to be accepted into the Secondary System of State Highways. NOW THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the segments identified on the incorporated Form AM 4.3 to the Secondary System of State Highways, pursuant to §33.2-705 of the Code of Virginia, for which segments this Board hereby guarantees the right of way to be clear and unrestricted, including any necessary easements for cuts, fills, and drainage, and BE IT FINALLY RESOLVED, a certified copy of this resolution be forwarded to the Virginia Department of Transportation. Upon motion by Mr. Peterson, seconded by Mr. Herzberg, the members of the Hanover County Board of Supervisors voted to adopt this resolution, as follows:

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Board of Supervisors Minutes – June 23, 2021

Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye

V.-D. Request for Authorization to Advertise Public Hearing – Ordinance of Vacation of Variable Width Slope and Drainage Easement, GPIN 7788-49-3379, Northlake Properties, LLC – Department of Public Works = Magisterial District: Ashland Board Sheet Background: A public hearing is required for consideration of an ordinance of vacation in order to vacate a portion of a variable width slope and drainage easement on the property of Northlake Properties, LLC. The easement is no longer needed due to the development of the property. Recommended Action: A motion to adopt the proclamation.

V.-E. Request for Authorization to Advertise Public Hearing – Quitclaim of Variable Width Slope and Drainage Easement, and Quitclaim of a Portion of Regional BMP Easement Facility L-12, on the property designated as GPIN 7788-48-3841, Northlake Properties, LLC – Department of Public Works - Magisterial District: Ashland Board Sheet Background: A public hearing is required for the quitclaim of a variable width slope and drainage easement and for the quitclaim of a portion of a Regional BMP Easement for Facility L-12 on the property of Northlake Properties, LLC. A new development on the property has necessitated the quitclaim and adjustment of the existing easements. The slope and drainage easement is no longer needed, and the access to the existing Regional BMP will be relocated by the proposed development and included in a new easement concurrent with the quitclaim if approved by the Board. Recommended Action: A motion to authorize advertisement of a public hearing for July 28, 202, to consider the 7

Board of Supervisors Minutes – June 23, 2021 quitclaim deeds of the easements on the plats.

V.-F. Request for Conditional Use Permit Extension – CUP2020-00004, Monarch Mountain Minerals and Aggregates, LLC - Magisterial District: Beaverdam Board Sheet Background: The Hanover County Board of Supervisors approved CUP2020-00004 on July 22, 2020, to permit the extraction of stone, sand, or gravel for sale to the public or for which a permit is required by the Virginia Department of Mines, Minerals, and Energy or the crushing, treating, washing, or processing of materials resulting from that use when conducted on the same property, on GPINs 7884-75-2349(part) and 7883-58-2775(part), consisting of approximately 1203.25 acres (CUP area limited to 250 acres). The Zoning Ordinance states that the approval of a conditional use permit shall be valid for a period of one (1) year after the date of approval and, thereafter, shall be void unless substantial construction or use has been initiated during the one- year period. The applicant has been working on plan finalization, wetland impacts and permitting work, but is requesting an extension as they are still working through the wetland permitting process with the Department of Environmental Quality prior to Site Plan submittal. A site inspection was conducted by Code Compliance, and no violations were found. Based on consistency with prior Board actions on similar requests, the Planning Department recommends approval of a one (1) year extension subject to the original conditions of approval. Recommended Action: A motion to approve extension request for CUP2020-00004, Monarch Mountain Minerals and Aggregates, LLC for one (1) year or until July 22, 2022, subject to the original conditions of approval.

V.-G. Request for Conditional Use Permit Extension – CUP-1-14, Elmont First Baptist Church - Magisterial District: South Anna Board Sheet Background: The Hanover County Board of Supervisors approved CUP-1-14 on May 28, 2014, to permit a church on GPINs 7778-04-0789 and 7778-04-2757, consisting of approximately 1.47 acres, zoned B-1(c), Neighborhood Business District with conditions. Extensions were grated

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Board of Supervisors Minutes – June 23, 2021 for this site every year from 2015 through 2020 by the Board of Supervisors. The Church is requesting an additional one (1) year extension to allow additional time to obtain funding to commence the project. A site inspection was conducted by Code Compliance, and no violations were found. Based on consistency with prior Board actions on similar requests, the Planning Department recommends approval of a one (1) year extension subject to the original conditions of approval. Recommended Action: A motion to approve extension request for CUP-1-14, Elmont First Baptist Church for one (1) year, or until June 30, 2022, subject to the original conditions of approval.

V.-H. Request for Fiscal Year 2022 Budget Supplement – ESSER II Funding Related to COVID-19 Impacts for Hanover County Public Schools - $3,714,319 Board Sheet Background: In January 2021, the Governor’s Office announced a new allocation of more than $939 million in federal Coronavirus Response and Relief Supplemental Appropriations Act dollars to help K-12 public schools in Virginia. Funding is distributed based on each school divisions relative share of Title I funding. The funding will support COVID-19 preparedness and response measures for the 2021–2022 school year, including the same allowable uses under all other federal pandemic relief act programs. The allocation awarded to Hanover County Public Schools is $3,714,319. Hanover County Public Schools proposes to utilize the funding to provide supplemental school based instructional, counseling and support staff between July 1, 2021 and the grant period ending in September of 2023. The School Board approved the acceptance of these funds and requests the Board of Supervisors to consider this supplemental funding for appropriation. This budget supplement was reviewed with the Finance Committee at its June 14th meeting. The supplement will amend the FY22 adopted budget. Recommended Action: A motion to approve the FY22 budget supplement into the Schools Operating Fund for Elementary and Secondary School Emergency Relief II (ESSER II) funds received in the amount of $3,714,319. 9

Board of Supervisors Minutes – June 23, 2021

V.-I. Request for Use of Reserve for Contingencies - Community Services Board Capital Project - $120,000 Board Sheet Background: The Community Services Board (CSB) department is requesting $120,000 in funding from reserve for contingencies to upgrade the department’s electronic health record (EHR) software. The EHR system’s operations and configuration have not been evaluated or updated since the platform was implemented 11 years ago. This upgrade would include adjustments to procedures and functionality as well as enhanced reporting, efficiencies and client engagement. After this transfer, Reserve for Contingencies will have a remaining balance of $788,000. Recommended Action: A motion to transfer $120,000 from Reserve for Contingencies to the Capital Improvements Program for software enhancements for the Community Services Board.

V.-J. Request for Budget Appropriation – Insurance Recovery - Fire-EMS - $56,143 Board Sheet Background: The bucket on Ladder Truck 401 received damage to the aluminum structure. The National Fire Protection Association Standards prevents repairs to the aluminum bucket that holds firefighters requiring the entire bucket to be replaced. Insurance reimbursed Hanover County for the replacement and the Ladder Truck is back in service. Recommended Action: A motion to approve the appropriation of $56,143 of insurance reimbursement to the Fire-EMS operating budget.

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Board of Supervisors Minutes – June 23, 2021

V.-K. Request for Authorization to Advertise a Public Hearing - Ordinance 21-09; Changes to Chapter 22 of the Hanover County Code to incorporate changes to the Constitution of Virginia and the Code of Virginia related to the tax-exempt status of certain motor vehicles owned by a disabled veteran or the veteran’s spouse Board Sheet Background: This ordinance would update the Hanover County Code to reflect changes to the Constitution of Virginia that were approved by voters in 2020 and that were added to the Code of Virginia by the General Assembly during the 2021 Special Session. Prior to 2020, Section 58.1-3506 of the Code of Virginia provided that a separate class of property is created for a motor vehicle owned and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is blind or who is permanently and totally disabled as certified by the Department of Veterans Services. In 2020, voters in Virginia approved an amendment to the Constitution of Virginia adding to the list of property that is exempt from state and local taxation, to include one motor vehicle owned and used primarily by or for a veteran of the armed forces of the United States or the Virginia National Guard who has been rated by the United States Department of Veterans Affairs or its successor agency pursuant to federal law with a one hundred percent service- connected, permanent, and total disability. The General Assembly amended the Code of Virginia by adding a section numbered 58.1-3668, which will become effective on July 1, 2021, to enact the provisions of the Constitutional amendment. The ordinance would amend Section 22-50 of the Hanover County Code to include the recent changes made by the General Assembly and ensure the appropriate tax classification of motor vehicles owned by disabled veterans in the County. Recommended Action: A motion to authorize the advertisement of a Public Hearing - Ordinance 21-09; Changes to Chapter 22 of the Hanover County Code to incorporate changes to the Constitution of Virginia and the Code of Virginia related to the tax-exempt status of certain motor vehicles owned by a disabled veteran or the veteran’s spouse.

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Board of Supervisors Minutes – June 23, 2021

VI. - Presentation of Proclamation - William F. Via, Jr., Family The Chairman called Ms. Charlotte Via and Mr. Jackie Dankos forward and presented Mrs. Via with the proclamation recognizing Mr. Via’s contributions and service to Hanover County.

VII. Presentation of Proclamations - Eagle Scouts A. Eagle Scout James Braden Haynie, Troop 503 - Magisterial District: Chickahominy Mrs. Kelly-Wiecek called Eagle Scout James Braden Haynie and his family forward and presented him with the proclamation recognizing his achievement.

B. Eagle Scout David Pierce Hudson, Troop 534 - Magisterial District: Cold Harbor Mr. Herzberg called Eagle Scout David Pierce Hudson and his family forward and presented him with the proclamation recognizing his achievement.

VIII. Presentation of Proclamations and Overview of Events Mr. Derek Stamey, Director, Parks and Recreation Department, came forward and gave a presentation on the work done in preparation of Hanover Month in July. He detailed a number of the events that are scheduled. • Music -> Tunes & Tasty Tomatoes • Live music, select agricultural and artisan vendors, food vendor offering delicious tomato selections, tomato tastings, bag of tomatoes “to go” • $10 per person, $15 with tomatoes (ages 12 and under are free) • 5:30 – 8:30pm • Thursday, July 1 at Pole Green Park (En’Novation) • Thursday, July 15 at Courthouse Park (Vertigo) • Family Fun -> Movie, Music & Maters • DJ music, select agricultural and artisan vendors, food vendor offering delicious tomato selections, tomato tastings, bag of tomatoes “to go” • Showing of “Fried Green Tomatoes” on giant inflatable screen • $20 per family • 4:00 – 10:00pm, movie starts at 8:00pm 12

Board of Supervisors Minutes – June 23, 2021

• Saturday, July 10 at Poor Farm Park • Saturday, July 24 at Pole Green Park • 4K Pizza Race & Relay • Return of the individual race and team relay, sponsored by Papa John’s Pizza • $20 per person – individual, $15 per person – 4-person team • 6:30 start • Friday, July 9 at Pole Green Park • Canine Fun -> Splashy Paws: Tails & Tomatoes • Canine fun with a festive environment, caricature artist for pet portraits, “Bark Bar” (dog treats), 1 tomato per person • Free • Thursday, July 22 at Taylor Park Dog Park • Tweens and Teens -> Tomato Teen Challenge • Fun competitions like pizza dough toss, builds, pepperoni stacking, pizza box building and more tomato themed challenges • $15 per person – includes all competitions, pizza and a drink • 6:30 – 8:30pm • Friday, July 16 at Montpelier Park • Friday, July 30 at Pole Green Park Self-directed / Virtual programs: • Tomato Scavenger hunt • Using the free app, “hunt” for 20 Mater Man signs throughout Hanover County. Clues provided. • Free to participate and download app • July 25 - 31 • Kids Crafts -> Tomato Tuesday (virtual) • Month-long virtual craft series • $10 fee covers all supplies

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Board of Supervisors Minutes – June 23, 2021

• Registered participants will receive link each Tuesday to a recorded instructional video to that week’s craft project • Projects include: Tomato Origami Box, Tomato Print Garland, Pom-Pom Tomato Keychain and Tomato Latch Hook • Tomato Cuisine-> Tomato Thursday, presented by Publix • Online cooking demos by Publix Aprons Cooking School chefs, each demo is of a recipe featuring the • Free to view online demos • Those interested can submit weekly photos of their creations to be entered to win a prize from Publix • Free Publix Aprons Meals Hanover Tomato recipe booklet will be available in stores The Chairman asked Mr. Budesky to look into the cost of the events and report back to the board opportunities for underwriting some of the events. Mr. Stamey was asked to describe how social media will be used and what other opportunities for engagement will be utilized. Board members thanked Mr. Stamey, his staff and the Parks and Recreation Advisory Committee for the hard work that went into putting these events together.

A. Hanover Tomato Month Mr. Davis presented the proclamation recognizing Hanover Tomato Month. B. Parks and Recreation Month Ms. Dibble and Mr. Herzberg presented the proclamation recognizing Parks and Recreation Month.

IX. Presentation – COVID-19 Vaccination Update Mr. Jim Taylor, Deputy County Administrator, came forward and provided an update on the vaccination efforts in Hanover County. At-a-glance:  111,661 doses administered to Hanover residents (up from 92,235 four weeks ago)  Rate per 100,000 = 57,489 (2nd among 7 localities in the region

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Board of Supervisors Minutes – June 23, 2021

 61,954 Hanover residents with at least one dose  55,745 Hanover residents fully vaccinated (43,446 four weeks ago)

Since Last Update • Virginia lifted mask and capacity restrictions on May 28, 2021 • Winding down vaccination center operations with second shots • Plenty of vaccine available in the community • Middle school clinics completed

X. Request for Adoption of Resolution Terminating Local Emergency related to COVID- 19 and Update on Current Situation The County Administrator, acting as Hanover County Director of Emergency Management, declared that an emergency existed in Hanover County on March 13, 2020. This declaration was confirmed by the Board of Supervisors on March 25, 2020. Because the conditions that caused the emergency have been resolved and the effects of the emergency have been diminished, the Declaration of Local Emergency must be terminated via resolution. Should the Board adopt the resolution terminating the local emergency, the provisions of Ordinance 20-08, which provided for the Continuity of Government in light of the COVID-19 pandemic, will expire. Ordinance 20-08 (1) authorized members of the Board of Supervisors and all Board-appointed boards, committees and commissions to permit members to participate remotely, when a physical quorum could be assembled in one location; (2) provided that “fully electronic” meetings could take place in situations where it was unsafe or improbable for the Board or any Board-appointed board, committee or commission to hold a meeting in a single location; and (3) adopted Emergency Procedures, including authority to restrict the public from public buildings, to restrict the number of individuals who were permitted in a public meeting room at one time, and to continue public hearings, as appropriate, to allow for those hearings to be held in a safe manner. With the expiration of Ordinance 20-08, all public meetings will continue to be subject to the provisions of the open meetings requirement of the Virginia Freedom of Information Act, including all provisions related to notice, opportunities to participate, and maintenance and

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Board of Supervisors Minutes – June 23, 2021 production of public records.

RESOLUTION Hanover County Board of Supervisors Termination of Local Emergency Related to COVID-19 (Novel Coronavirus)

WHEREAS on March 13, 2020, the County Administrator, acting as Director of Emergency Management pursuant to authority of the Board of Supervisors, declared that an emergency existed in Hanover County because of the spread and impact of COVID-19 (novel coronavirus) requiring activation of the Emergency Operations Plan pursuant to Section 44- 146.21 of the Code of Virginia and related laws, for the purpose of providing assistance to residents and mitigating the effects of the emergency conditions; and WHEREAS by Resolution adopted at a regular meeting of the Board of Supervisors on March 25, 2021, the Board of Supervisors confirmed that declaration; and WHEREAS the Board of Supervisors finds that as a result of the effective actions on the part of federal, local and State governments, as well as the efforts of the local volunteer fire and EMS organizations and numerous other organizations and individuals, the conditions that caused the emergency have been resolved and the effects of the emergency have diminished so that termination of the declaration is appropriate; NOW THEREFORE, BE IT RESOLVED BY THE HANOVER COUNTY BOARD OF SUPERVISORS that, because the conditions that caused the emergency have been resolved, termination of the declaration of a local emergency is proper and the emergency declaration is terminated, effective immediately. Upon motion by Mrs. Kelly-Wiecek, seconded by Ms. Prichard, the members of the Hanover County Board of Supervisors voted to adopt this resolution, as follows: Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye

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Board of Supervisors Minutes – June 23, 2021

XI. Comprehensive Plan Review Process and Recommendations Mr. David Maloney, Director of Planning, came forward and presented this request to the board. Proposed 2022 Comprehensive Plan Five-Year Review  This presentation is the first step in preparing for the 2022-2042 review of the Comprehensive Plan for Hanover County.  Per § 15.2-2230.1 of the Code of Virginia the comprehensive plan must be reviewed at least once every five years.  The last update commenced in 2017 and the plan was adopted by the Board of Supervisors on February 14, 2018.  The following is a proposed list of potential issues and topics to be addressed through the next comprehensive plan update.  The “issues” summary is presented by chapter, and the timeframe will be presented as a “timeline”  The list of potential issues is not intended to be inclusive, and is subject to modification based on input from the Board of Supervisors, Planning Commission, and County citizens and landowners Issues by Chapter Section 1: Growth Management 1) Demographic and housing trends 2) Development patterns 3) Land Consumption Analysis 4) Develop 20-year growth projections based on historical trends and 2020 decennial census Section 2: Land Use 1) Clearly define role of the rural area and define “rural” in the context of community expectations 2) Expand and clearly articulate Rural and Agricultural policies a. By-right, cluster, and AR-6 development standards b. Expansion of agribusiness policies c. Solar 17

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3) Evaluate areas to expand Commercial and Industrial land use designations to enhance Hanover’s tax base 4) Med/High Density Residential Policies a. Ensure a variety of quality housing opportunities is available b. Mixed Use c. Establish clear standards in Land Use discussion with focus on traditional integration of uses 5) Planned Business a. Need to provide more granular detail regarding designated areas 6) Use Transitions a. Residential/Commercial/Industrial Create policies to ensure compatibility between use transitions with specific emphasis on residential and commercial/industrial b. Suburban/Rural edge transitions Create policies to ensure appropriate transitions between suburban uses and the rural planning areas of the County for residential, commercial, and industrial transitions 7) Corridor studies a. Pole Green Road b. Route 33 c. Southern Route 1 Gateway d. Route 1/Route 30 study 8) Define measures of quality and develop expected community standards a. Residential development should have clearly defined standards for community design and land planning, amenities, building materials, connectivity, walkability b. Commercial development should have clearly defined policies regarding interconnectivity, accessibility, design and land planning, and architecture Section 3: Transportation 1) Further evaluate the Following Corridors and planned improvements a. New Ashcake Road extended b. Harley Club Drive/Ashcake Road connection 18

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c. Hylas area access 2) Identify priority corridors for future funding Section 4: Active Living 1) Develop specific design standards for residential pedestrian paths 2) Develop specific policies related to pedestrian interconnection for both residential and commercial development 3) Enhance policies related to the development of the Ashland Trolley Line (Fall Line Trail/East Coast Greenway) 4) Develop strategies for the design and construction of the Upper Chickahominy Trail 5) Develop options/alternatives for other modes of non-motorized transportation Section 5: Utilities/Community Facilities 1) Update standards and metrics per established demographic and land use planning metrics 2) Broadband Infrastructure Section 6: Environmental 1) § 15.2-2223.2 requires localities in Tidewater Virginia to incorporate Coastal Resource management policies as outlined in the guidance from Virginia Institute of Marine Science Address into the plan a. Could include policies related to community resiliency 2) Create linkage to land use strategies related to utility scale solar facilities Section 7: Historic Resources 1) Address known and significant cultural resources 2) Create clear policies related to the discovery of unknown/unidentified historic resources Section 8: Economic Development 1) Identify opportunities to expand availability of market-ready areas 2) Review Strategic Zoning Initiative 3) Create and enhance policies related to agribusiness/agritourism Section 9: Housing - New 1) § 15.2-2223.D. Requires localities to “…include the designation of areas and implementation measures for the construction, rehabilitation, and maintenance of

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affordable housing…sufficient to meet the current and future needs of residents and business in the locality… 2) Establish clear policy guidance to ensure an adequate supply of workforce housing a. Could Policies should include strategies for community revitalization neighborhood preservation and revitalization 3) Evaluate policies and recommendations contained within the Regional Housing Framework Consultant role and work scope summary  Provide demographic and housing analysis  Assist in preparing planning metrics to be incorporated into the plan  Prepare a detailed citizen engagement strategy  Web-based presence  Social Media  In-person public participation  Provide recommendations on best strategies and practices for comparably situated localities  Review and provide comments/edit draft document  Prepare maps and graphics  Design and format final plan document

Ms. Prichard left the meeting at 3:25 p.m. Ms. Prichard returned at 3:28 p.m. Following the presentation Board members had comments and suggestions:  Add a link to the main page of the county website to encourage and increase citizens’ awareness of the process and to increase citizen involvement.  Significant improvements are needed to the county calendar postings of upcoming events.  Ways to bring agricultural-centered communities to the area should be explored.  Clearly identifying what mixed use is will be critical.  Interconnectivity between businesses is important.

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 The intent behind specific rules needs to be identified and communicated.

The Chairman announced a brief recess at 3:41 p.m. The meeting was reconvened at 3:46 p.m.

XII. Request for Authorization to Advertise Public Hearing – Ordinance Amendment 21- 06, RC, Rural Conservation District Amendments Mr. Maloney presented this request to the board. The Community Development Committee has been evaluating proposed amendments to the RC, Rural Conservation District to provide for a second Preservation Lot. Following a public hearing on a previous draft ordinance amendment on this matter, the Board of Supervisors ultimately remanded the ordinance back to the Committee for further consideration. Staff has prepared an alternative ordinance that continues to allow for a single Preservation Lot but also permits the creation of a Conservation Lot, which includes more stringent use restrictions than the Preservation Lot. The proposed Conservation Lot could only be left in its natural state or be used for bona fide agricultural and silvicultural uses, subject to applicable conservation and forestry management plans approved by the Soil and Water Conservation District or the Department of Forestry. The draft ordinance also requires both the Preservation Lot and Conservation Lot have a minimum lot size of ten (10) acres and be subject to a conservation easement. The Community Development committee reviewed the concept of the draft ordinance at their March meeting, and directed staff to prepare a final ordinance for Board authorization. Mr. Davis made a motion, seconded by Mrs. Kelly-Wiecek, to authorize advertisement of a Public Hearing on Ordinance Amendment 21-06, RC, Rural Conservation District Amendments. Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye 21

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Motion passed.

XIII. Request for Authorization to Advertise Public Hearing – Ordinance Amendment 21- 07, Subdivision Performance Agreement Amendments Mr. Maloney presented this request to the board. Over the past several years, staff has had to negotiate multiple extensions to subdivision performance agreements for residential projects where there have been significant delays in the construction of proffered and public improvements. The current Subdivision Ordinance stipulates that subdivision improvements subject to a performance agreement be completed within 18 months, and the Planning Director is authorized to grant extensions not to exceed 6 months. There are currently numerous subdivisions that have been granted multiple extensions, which is creating a challenge for the staff as the ordinance does not clearly limit the staff’s authority for granting an extension. Staff has compared the Hanover performance agreement requirements with those in other suburban localities and found a longer initial performance period of 24 months instead of 18 months as required in Hanover.

To address these matters, staff proposes the following: 1. Extend the initial performance agreement from 18 to 24 months; 2. Permit the Planning Director to grant a single extension not to exceed 6 months; and 3. Any subsequent extensions beyond the first extension granted by the director must be reviewed and approved by the Planning Commission.

At their May meeting, the Community Development Committee reviewed the draft ordinance and recommended that the ordinance be forwarded to the Board of Supervisors for authorization to advertise public hearings. Following the presentation, Board members had comments about creating a transparent process and the need to identify the right number of extensions that can or should be allowed. Mr. Davis made a motion, seconded by Ms. Prichard, to authorize advertisement of a Public Hearing on Ordinance Amendment 21-07, Subdivision Performance Agreement Amendments.

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Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye Motion passed.

VIII. Request for Authorization to Advertise Public Hearing - Ordinance 21-08; Amendments to the provisions of Chapter 6 of the Hanover County Code related to unsafe structures Mr. Richard Gordon, Chief Building Official, came forward and presented this request to the board. This ordinance would amend the provisions of the Hanover County Code related to unsafe structures and the authority of the Chief Building Official to require owners to remove, repair, or secure those structures or, in emergency situations, authorize the Building Official to secure or repair an unsafe structure after notice to the owner. Over the years, the Chief Building Official has received complaints regarding the safety of existing structures and buildings that are located outside those areas where the Property Maintenance Code is applicable. Many of these structures present a danger to those who live and work in close in proximity to these buildings and structures, and to the public in general. Staff recognizes that there exists a need to balance the rights and obligations of property owners and the safety of the public and others who might find themselves near buildings and structures that are unsafe or unfit for human occupancy. This ordinance attempts to strike that balance to apply only to certain structures, based on proximity to neighbors and the public in general, and make clear that farm buildings and structures are not governed by the new changes. In addition, staff recognizes the need to expeditiously secure or repair certain structures that present an imminent hazard to the public. The Board of Supervisors’ Community Development Committee has studied the issue and has recommended that the maintenance obligations for these unsafe structures be expanded to include those structures that are close to property lines or that are near public-use areas

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Ms. Dibble made a motion, seconded by Mr. Herzberg, to authorize the advertisement of Public Hearing on Ordinance 21-08; Amendments to the provisions of Chapter 6 of the Hanover County Code related to unsafe structures. Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye Motion passed.

X.V. Request for Authorization to advertise Public Hearing – American Rescue Plan Act (ARPA) - $29,274,115 Mr. Jacob Sumner, Director of Finance and Management Services, came forward and presented this request to the board. Under the American Rescue Plan Act (ARPA), Hanover County will receive $29,274,115. Pursuant to §15.2-2507 of the Code of Virginia, an increase to the budget of this size requires a public hearing prior to consideration of appropriation. The public hearing and appropriation consideration is recommended for July 28, 2021.

Fund Amount General Fund $ 20,932,282 School Operating Fund 8,341,833 Total $ 29,274,115

Projects include: 1) County a) Expanded Broadband - $ 16.9M b) Pandemic Response & Mitigation as needed - $ 2.0M c) Local Small Business & Community Support - $ 2.0M 2) Schools a) Supplemental instructional, counseling & support staff 24

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b) Technology support c) Furniture d) Custodial & health services e) One-time capital needs f) Learning Loss

Mr. Peterson made a motion, seconded by Ms. Prichard, to authorize to advertisement of a public hearing for an FY22 budget supplement of $29,274,115 in federal funding under the American Rescue Plan Act (ARPA). Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye Motion approved.

XVI. Closed Session A. Virginia Code Section 2.2-3711(A)(7) - Consultation with legal counsel and staff pertaining to actual litigation - GPIN’s 8714-68-5186, 8714-87-1919, 8714-98-2634, 8714-98- 0248, 8714-98-4067 and 8724-50-4603 B. Virginia Code Section 2.2-3711(A)(1) – Performance Review of County Administrator and County Attorney Mrs. Kelly-Wiecek made a motion, seconded by Ms. Prichard, that the Board of Supervisors go into Closed Session pursuant to, A. Virginia Code Section 2.2-3711(A)(7) - Consultation with legal counsel and staff pertaining to actual litigation - GPIN’s 8714-68-5186, 8714-87-1919, 8714-98-2634, 8714-98-0248, 8714-98-4067 and 8724-50-4603; and, B. Virginia Code Section 2.2-3711(A)(1) – Performance Review of County Administrator and County Attorney.

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Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye Motion approved.

Board members entered Closed Session at 4:08 p.m. At the conclusion of the Closed Session, all board members returned to the board room and the Chairman called the regular meeting back to order at 6:07 p.m. All board members were present.

Certification of Closed Session Mrs. Kelly-Wiecek moved that the Board of Supervisors certify that during the Closed Session only public business matters lawfully exempted from the open meeting requirement of the Freedom of Information Act and only such public business matters as were identified in the motion for the Closed Session were discussed. The motion was seconded by Ms. Prichard. Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye Motion approved.

XVII. Recess There was no formal recess. The Board reconvened following Closed Session at 6:07 p.m.

XVIII. Citizens’ Time The Chairman opened citizens’ time and offered to anyone who wanted to address the Board of Supervisors for up to five minutes on any matter within the scope of the Board’s authority that is not on the agenda for a public hearing at that meeting to come forward. 26

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No citizens came forward to speak. The Chairman closed Citizens’ Time.

XIX. Planning Public Hearings A. SE2021-00010, Christina M. and Joshua D. Mills - Request(s) a Special Exception Permit in accordance with Section 26-21.24 of the Hanover County Zoning Ordinance to permit a fence taller than permitted in the front yard on GPIN 7749-38-3694, consisting of approximately 11.43 acres, zoned A-1, Agricultural District, and located on the east line of Mountain Road (U.S. Route 33) approximately 1,000 feet north of its intersection with Stone Horse Creek Road (State Route 670). Magisterial District: South Anna Planning Analysis:  The purpose of this fence is for the privacy and safety of the applicant’s family • Cars have been observed using the front of the property to make U-turns at excessive speeds and damaging property  The applicant has already installed a portion of the fence, which is greater than 10 feet in height • Because the fence is located within the front yard setback, a Special Exception is necessary for a fence taller than 4 feet • The maximum fence height is 7 feet  Should this Special Exception be approved, the applicant will be required to adjust the fence to meet the 7-foot requirement  The sketch plan shows: • The existing portion of the 10-foot fence located 12 feet from the front property line • The ultimate location of the fence to be located 42 feet from the front property line on both sides of the driveway • Existing trees in front of the fence to remain Recommendation: Should the Board of Supervisors make the findings as specified in Section 26-332, staff recommends approval subject to the conditions as outlined in the staff report.

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Mr. Maloney presented this request to the board. Board members had questions and Mr. Maloney clarified that the photos shown are of the current fence; the new fence will be 42’ further back and 3’ shorter. The Chairman opened the public hearing and asked that anyone who wished to speak for or against the matter come forward. No citizens came forward to speak. The Chairman closed the public hearing.

RESOLUTION

WHEREAS after a public hearing held on this 23rd day of June, 2021, as advertised in the Herald-Progress once a week for two successive weeks as required by Virginia Code, Section 15.2-2204 and the Hanover County Code. NOW, THEREFORE, BE IT RESOLVED that Christina M. and Joshua D. Mills are granted a Special Exception Permit in accordance with Section 26-21.24 of the Hanover County Zoning Ordinance to permit a fence taller than permitted in the front yard on GPIN 7749-38- 3694, consisting of approximately 11.43 acres, zoned A-1, Agricultural District, subject to the following conditions: 1. Within thirty (30) days of approval of this Special Exception, the existing portion of the fence shall be setback 42 feet from the front property line and adjusted to meet the 7-foot height requirement. The Planning Department shall be contacted to schedule an inspection upon completion. 2. Existing trees in front of the fence shall remain. This shall not prevent the removal of dead or diseased trees or parts thereof. 3. All development and use of the property shall comply with all federal, State, and local statutes, ordinances, and regulations. In accordance with Article 6, Division 4, Section 26-333, the site shall be developed and maintained in substantial conformity with the sketch plan titled, "Wooden 7 ft. Fence Proposal for Joshua and Christina Mills," dated June 1, 2021, and prepared by Joshua and Christina Mills. The Special Exception Permit shall lapse after the expiration of one (1) year if no substantial construction or change of use has taken place in accordance with the plans for which the Exception was approved. 28

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Upon motion by Ms. Dibble, seconded by Mrs. Kelly-Wiecek, the members of the Hanover County Board of Supervisors voted to approve SE2021-00010, Christina M. and Joshua D. Mills, as follows: Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye

B. CUP2021-00006, Network Towers II, L.L.C. - Request(s) a Conditional Use Permit in accordance with Section 26-20.25 of the Hanover County Zoning Ordinance to permit a telecommunications tower and related facilities that exceed 140 feet in height, on GPIN 8707-68- 4285, consisting of approximately 13.23 acres (CUP area limited to 0.13 acres), zoned A-1, Agricultural District, and located on the north line of Pine Ridge Road (State Route 1930) approximately 725 feet east of its intersection with Chamberlayne Road (U.S. Route 301). The subject property is designated on the General Land Use Plan Map as Agricultural. Magisterial District: Henry Planning Analysis:  The request is for a telecommunications tower that is 160’ in height, including the 5’ lightning rod • Up to 4 users will be allowed to collocate on the tower • Photo simulations have been provided • The proposed location fills a gap in the service area  The sketch plan shows the tower compound to be located within a heavily wooded area behind Yard Works • Access will be provided by a 25’ easement that includes a 12’ wide gravel driveway • A 60’ x 60’ leased area is shown to contain the 50’ x 50’ tower compound

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• The compound and all equipment will be screened with a 7’ board-on-board fence that includes a 16’ wide gate • While the compound and a portion of the tower will be screened by the surrounding trees, there is a timber management plan in place for the property  Because the trees could be harvested, staff is recommending a single row of evergreen trees and shrubs be planted outside of the 7’ fence  The tower will be located 960’ from the closest house and 105’ from the closest public road  The tower will be most visible from the Sports Realty Performance Training site  The top of the tower will be visible from the west and south along Chamberlayne Road

Community Meeting:  The applicant held a community meeting on May 5, 2021, at the subject site  Nearby property owners expressed concerns about the visual impact of the proposed tower to area properties • The applicant responded that a galvanized steel-colored monopole blends better with the sky  Several people in attendance supported the request because it would improve cellular service in the area Recommendations: The Planning Commission and staff recommend approval subject to the recommended conditions. Mr. Maloney presented this request to the board. The Chairman opened the public hearing and asked that anyone who wished to speak for or against the matter come forward. Mr. Drew Patterson, Network Towers representative, came forward and explained the proposal. He clarified for board members that the tower will be made of galvanized steel. No other citizens came forward to speak. The Chairman closed the public hearing.

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RESOLUTION

WHEREAS after a public hearing held on this 23rd day of June, 2021, as advertised in the Herald-Progress once a week for two successive weeks as required by Virginia Code, Section 15.2-2204 and the Hanover County Code. NOW, THEREFORE, BE IT RESOLVED that Network Towers II, L.L.C. is granted a Conditional Use Permit in accordance with Section 26-20.25 of the Hanover County Zoning Ordinance to permit a telecommunications tower and related facilities that exceed 140 feet in height, on GPIN 8707-68-4285, consisting of approximately 13.23 acres (CUP area limited to 0.13 acres), zoned A-1, Agricultural District, subject to the following conditions: 1. If the use of the tower ceases and the tower remains unused for a period of eighteen (18) months, the unused tower and associated and unused accessories shall be removed from the property. 2. A single row of evergreen trees and shrubs shall be planted on the exterior side of the 7' screen fence that surrounds the compound prior to initiation of the cell tower use. The species of trees and shrubs must be approved by the Planning Department at the time of site plan review to ensure habitat-friendly species are selected. 3. The applicant shall provide certification, indicating the tower height and design, structure, illustrations oflocation and type of antennas which could be accommodated, and total anticipated capacity of the structure, and demonstrating to the satisfaction of the building official that all structural requirements and other safety considerations set forth in the Virginia Uniform Statewide Building Code and the standards adopted by the Electronics Industries Association, or any amendments thereof, can be met. This information shall be submitted and approved prior to Building Permit issuance. 4. Lighting, beacons, and/or other safety devices shall be prohibited. The tower shall be limited to a height of 160' or to a lesser height that would not require lighting by the Federal Communications Commission or the Federal Aviation Administration. 5. No advertising material or signs shall be allowed on the tower. 6. A reclamation plan for the property shall be submitted and approved in conjunction with site plan review.

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7. All equipment and tower facilities shall be screened with a minimum seven (7) foot high fence in accordance with Section 26-263 of the Zoning Ordinance. 8. The operation of any equipment utilizing the tower shall not interfere with County's communications system. Any interference shall be corrected at the expense of the owner of the equipment causing the interference. 9. The applicant shall provide verification, through field measurements, that the operation of the communications facilities on site is within accepted maximum permissible exposure limits for electromagnetic radiation as established by the American National Standards Institute (ANSI) and the Institute of Electrical and Electronics Engineers (IEEE) and accepted by the Federal Communications Commission (FCC). 10. All development and use of the Property shall comply with all federal, State, and local statutes, ordinances, and regulations. In accordance with Section 26-325, the site shall be developed and maintained in substantial conformity with the sketch plan and elevations titled, "Network Towers II Site Name: Hanover HS, NB&C Proj. #100772," most recently revised April 22, 2021, and prepared by NB&C Engineering Services, L.L.C. A site plan, prepared in accordance with the requirements of Chapter 26, Article 6, Division 2, of the Hanover County Zoning Ordinance, shall be submitted for review and approval prior to commencement of the requested use. The Conditional Use Permit shall lapse after the expiration of one (1) year if no substantial construction or change of use has taken place in accordance with the plans for which the Conditional Use was approved. Upon motion by Mr. Davis, seconded by Ms. Prichard, the members of the Hanover County Board of Supervisors voted to approve CUP2021-00006, Network Towers II, L.L.C., as follows:

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Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye

C. REZ2020-00012, Kay S. and George N. Fearnow, Jr. - Request(s) to rezone from R-1, Single-Family Residential District to RS(c), Single-Family Residential District with conditions, on GPINs 8705-92-4426, 8705-92-9448 and 8715-01-5905, consisting of approximately 16.36 acres, and located on the east line of Shady Grove Road (State Route 640) approximately 350 feet south of its intersection with Tipping House Drive (private road). The subject property is designated on the General Land Use Plan Map as Multi-Family (8-15 dwelling units per acre). The proposed zoning amendment would permit the creation of 49 age-restricted townhomes for a gross density of 3.0 dwelling units per acre. Magisterial District: Chickahominy Planning Analysis:  The conceptual plan shows:  49 townhouse units  Parking lots adjacent to the mail kiosk and Lots 41-46 o 221 parking spaces provided for 4.5 spaces per unit  Street trees and landscape buffers along Cool Well and I-295  A central community gathering space that includes: o An aerated pond with a small fishing pier o Pedestrian trails with benches o A fire pit with seating  The project (Brunswick) is adjacent to concurrent request, REZ2020-00035, Carolyn S. and Edward L. Tyler Revocable Trust, et al. (Oak Crest), and will provide an interconnection as shown on the conceptual plan  The road in Brunswick will be public while the road in Oak Crest will be private

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 To soften the transition from a public road section to the private road section, a traffic circle is proposed connecting Brunswick to Oak Crest  The applicant has coordinated their design with the developer of the adjacent parcel (Oak Crest)  Areas of coordination included:  Interconnecting the two projects with a road and sidewalks  Participating in a joint traffic analysis  Providing similar design features, including: o Subdivision entrance signs o Mail kiosks o Landscaped buffers Elevations:  Front and rear elevations have been provided for the three possible townhome units being offered in Brunswick that include: • Brick or brick veneer foundations • Hardiplank siding applied in a combination of horizontal, board and batten, or shake siding materials • Dimensional shingle roofing is shown Transportation:  The Traffic Impact Analysis for both Brunswick and Oakcrest was reviewed by VDOT and the County’s consultant, Kimley-Horn • Projected additional delay at the two studied intersections was minimal • The conclusion of the study was that no off-site road improvements were warranted Comprehensive Plan:  The property is shown for Multi-Family land use, which permits a density of 8-15 dwelling units per acre  The proposed community has a density of 3.0 dwelling units per acre, which is well below the permitted density but compatible with the surrounding community:

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• Cool Well community (4.5 dwelling units per acre) • Proposed Oak Crest project (6.6 dwelling units per acre) • Nearby single-family detached neighborhoods Community meetings:  The applicants for Oak Crest and Brunswick held joint community meetings  The issues of concern relevant to Brunswick included the following: • Tree removal causing an increase in noise from I-295 • Location of the detention basin • Stormwater management • Ensuring that the age restriction is similar to Cool Well  In response, the applicant has provided: • Preservation of trees within the common areas, including the 50’ wide open space area adjacent to I-295 • An aerated detention basin that was moved away from Cool Well to the center of the development • An age restriction proffer Proffers:  Right-of-way dedication  Tree preservation within the common areas  Age restriction  Sod and irrigation to be provided in front yards Recommendations: The Planning Commission and staff recommend approval subject to the submitted proffers and conceptual plan.

D. REZ2020-00035, Carolyn S. and Edward L. Tyler Revocable Trust, et al. - Request(s) to rezone from R-1, Single-Family Residential District to RM(c), Multi-Family Residential District with conditions, on GPINs 8715-01-2362 and 8715-01-0051, consisting of approximately 7.45 acres, and located on the east line of Shady Grove Road (State Route 640) approximately 35 feet south of its intersection with Shady Knoll Lane (private road). The subject property is 35

Board of Supervisors Minutes – June 23, 2021 designated on the General Land Use Plan Map as Multi-Family (8 – 15 dwelling units per acre). The proposed zoning amendment would permit the creation of 49 townhomes for a gross density of 6.6 dwelling units per acre. Magisterial District: Chickahominy Planning Analysis:  The conceptual plan shows the following: • Private roads with perpendicular parking • Street trees and “tree save areas” • Landscape buffer along the northern property line next to property zoned, M-1, Limited Industrial District • Pedestrian paths and sidewalks • A pickle ball court • Mailbox kiosk • A planting schedule and specific plant species for all trees and shrubs • Required street lights at the entrance Elevations:  The elevations show a craftsman/cottage architectural style and features  The design of the proposed townhouses is unique: • The townhouse units connect at only one wall, so all homes will include windows on 3 or 4 sides Comprehensive Plan:  The property is shown for Multi-Family land use, which permits a density of 8-15 dwelling units per acre  The proposed community has a density of 6.6 dwelling units per acre, which is below the permitted density but compatible with the surrounding community: • Cool Well community (4.5 dwelling units per acre) • Proposed Brunswick project (3.0 dwelling units per acre) • Nearby single-family detached neighborhoods Community meetings:  The applicants for Oak Crest and Brunswick held joint community meetings on October 29, 2020 and on April 22, 2021 36

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 The issues that arose relevant to Oak Crest included the following: • Concerns about tree removal causing an increase in noise from I-295 • Buffering requested along the southern property line • Concerns regarding stormwater management  In response, the applicant has provided: • A “tree save” area and additional plantings along I-295 to address noise concerns • Underground detention to address stormwater management requirements • Proffers that address tree preservation Proffers:  Right-of-way Dedication  Tree Preservation  Age Restrictions  Cross Access Easement with the Brunswick development Recommendations: The Planning Commission and staff recommend approval subject to the submitted proffers and conceptual plan.

Mr. Maloney presented these requests to the board concurrently.

Ms. Prichard left the meeting at 6:34 p.m. Ms. Prichard returned at 6:35 p.m.

Following the presentation, Mr. Maloney clarified for the board that the private road cannot ever be closed down. The Chairman opened the combined public hearing and asked that anyone who wished to speak for or against the matters come forward. Ms. Natalie Croft, Eagle Construction, came forward to speak on behalf of the applicant and described the proposal for REZ2020-12, Fearnow. She clarified for board members that the two communities will share sidewalks but it has not been proposed that they share amenities.

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Mr. Jamie Davis, applicant representative for Carolyn S. and Edward L. Tyler Revocable Trust, et al., came forward to speak on behalf of the applicant and described the proposal for REZ2020-35, Tyler Revocable Trust. Board members had questions and Mr. Davis offered clarification on the trees and walking trails. Ms. Croft offered clarification on the site elevations. Mr. Maloney offered clarification on the expected increase in traffic. Mr. Peterson asked that the Roads Committee explore options for the wide shoulder at the intersection that is being used as a turn lane being made an actual turn lane. Mr. David Napier, Chickahominy Magisterial District, came forward and spoke in support of the project. No others came forward to speak. The Chairman closed the public hearing. Board members had comments about the lower density than originally proposed and the rarity of the applicants of two projects working together in this way to build cohesive communities. Ordinance REZ2020-00012

Owners of Record: Kay S. and George N. Fearnow, Jr.

WHEREAS the Planning Commission of Hanover County has held an advertised public hearing and forwarded this case to the Board of Supervisors with a recommendation of approval of the adoption of the following amendment to the Zoning Ordinance and Zoning District Map of Hanover County; and WHEREAS the Board of Supervisors has held public hearings on the 23rd day of June 2021, and advertised in the Mechanicsville Local once a week for two successive weeks as required by Virginia Code Section 15.2-2204; and WHEREAS the Board of Supervisors has determined that the public necessity, convenience, general welfare, and good zoning practices require this amendment. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Hanover County that the Zoning Ordinance and the Zoning District Map of this County are amended (with conditions) by the rezoning of the property described as GPINs 8705-92-4426, 8705-92- 9448 and 8715-01-5905, consisting of approximately 16.36 acres, and located on the east line of 38

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Shady Grove Road (State Route 640) approximately 350 feet south of its intersection with Tipping House Drive (private road). The subject property is designated on the General Land Use Plan Map as Multi-Family (8-15 dwelling units per acre). The proposed zoning amendment would permit the creation of 49 single-family lots for a gross density of 3.0 dwelling units per acre, subject to the following conditions which were proffered by the Applicants on June 2, 2021, and accepted by the Board: 1. Dedication of Right-of-way. The Owner agrees to dedicate fifty feet (50’) of right-of-way from the centerline of Shady Grove Road (State Route 640) to the property for future road widening, free of cost to the County, upon request of the County or VDOT. 2. Tree Preservation. Existing trees within the Common Areas (excluding the 10’ Common Area adjacent to the Coolwell subdivision) and the existing trees within the 50’ buffer strip adjacent to I-295 shall not be removed with the exception of dead or diseased trees or parts thereof. A tree protection plan certified by a Landscape Architect, Certified Horticulturist, or ISA Certified Arborist must be provided with the site plan/construction plan. Prior to land disturbance, all tree protection measures shall be installed and inspected by a representative of the Planning Department. 3. Sod and Irrigation. Each front yard, exclusive of mulched planting beds, shall be initially sodded and irrigated. 4. Age Restriction on Residential Uses. All dwellings within the property shall comply with the provisions of the Virginia Fair Housing Law (found at Section 36-96.1 et seq. of the Code of Virginia (1950) as amended) and the Federal Fair Housing Act (found at Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. 3601-3619) related to “housing for older persons” as defined in the Virginia Fair Housing Law. Further, no persons under the age of nineteen shall permanently reside on the property. A restrictive covenant shall be recorded, and a Homeowners’ Association established for enforcement of such covenants, to limit the use and occupancy of the dwellings as specified herein. BE IT FURTHER ORDAINED that this Ordinance is effective on the date of adoption and the Planning Director is hereby directed to designate the boundaries of the foregoing area as rezoned, subject to conditions, on the Zoning District Map of Hanover County.

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Upon motion by Mrs. Kelly-Wiecek, seconded by Ms. Prichard, the members of the Hanover County Board of Supervisors voted to approve REZ2020-00012, Kay S. and George N. Fearnow, Jr., as follows: Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye

Ordinance REZ2020-00035

Owners of Record: Edward L. Tyler, Jr., Trustee, Barbara T. Carmen, Trustee, Betty M. Tate and Thomas F. Moore, Jr.

WHEREAS the Planning Commission of Hanover County has held an advertised public hearing and forwarded this case to the Board of Supervisors with a recommendation of approval of the adoption of the following amendment to the Zoning Ordinance and Zoning District Map of Hanover County; and WHEREAS the Board of Supervisors has held public hearings on the 23rd day of June 2021, and advertised in the Mechanicsville Local once a week for two successive weeks as required by Virginia Code Section 15.2-2204; and WHEREAS the Board of Supervisors has determined that the public necessity, convenience, general welfare, and good zoning practices require this amendment. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Hanover County that the Zoning Ordinance and the Zoning District Map of this County are amended (with conditions) by the rezoning of the property described as GPINs 8715- 01-2362 and 8715-01-0051, consisting of approximately 7.45 acres, and located on the east line of Shady Grove Road (State Route 640) approximately 35 feet south of its intersection with Shady Knoll Lane (private road). The subject property is designated on the General Land Use Plan Map as Multi-Family (8-15 dwelling units per acre). The 40

Board of Supervisors Minutes – June 23, 2021 proposed zoning amendment would permit the creation of 49 single-family lots for a gross density of 6.6 dwelling units per acre, subject to the following conditions which were proffered by the Applicants on June 1, 2021, and accepted by the Board: 1. Dedication of Right-of-way. The Owner agrees to dedicate fifty feet (50’) of right-of-way from the centerline of Shady Grove Road (State Route 640) to the property for future road widening, free of cost to the County, upon request of the County or VDOT. 2. Tree Preservation in Common Areas. Existing trees within the Common Areas shall not be removed with the exception of dead or diseased trees or parts thereof. A tree protection plan certified by a Landscape Architect, Certified Horticulturist, or ISA Certified Arborist must be provided with the site plan/construction plan. Prior to land disturbance, all tree protection measures shall be installed and inspected by a representative of the Planning Department. 3. Age Restriction on Residential Uses. All dwellings within the project are to be occupied only by persons age 55 years and older and the occupancy of these dwellings shall comply with provisions of the Virginia Fair Housing Law (found at Section 36-96.1 et seq. of the Code of Virginia (1950) as amended) and the Federal Fair Housing Act (found at Title VIII of the Civil Rights act of 1968, as amended, 42 U.S.C. 3601-3619) related to “housing for older persons” as defined in the Virginia Fair Housing Law. A restrictive covenant shall be recorded, and a homeowners’ association established for the enforcement of such covenants, to limit the use and occupancy of the dwellings as specified herein. 4. Cross Access Easement. Prior to site plan approval, the Property Owner shall provide a cross access easement for general use to and from GPIN 8715-01-2362, which is the adjacent parcel subject to the concurrent request, REZ2020-00035, Edward L and Carolyn S. Tyler Revocable Trust. BE IT FURTHER ORDAINED that this Ordinance is effective on the date of adoption and the Planning Director is hereby directed to designate the boundaries of the foregoing area as rezoned, subject to conditions, on the Zoning District Map of Hanover County.

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Upon motion by Mrs. Kelly-Wiecek, seconded by Ms. Prichard, the members of the Hanover County Board of Supervisors voted to approve REZ2020-00035, Carolyn S. and Edward L. Tyler Revocable Trust, et al., as follows: Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye

E. REZ2020-00024, Roxanne S. and Lazaro G. Perdomo, et al. - Request(s) to rezone from A-1, Agricultural District, to RS(c), Single Family Residential District with conditions, and M- 2(c), Light Industrial District with conditions, on GPINs 7787-39-1265, 7788-40-0089, 7788-40- 1355, 7788-40-0566, and 7788-40-0850, consisting of approximately 35.65 acres, and located on the north line of Old Keeton Road (State Route 719) at its intersection with Washington Highway (U.S. Route 1). The subject property is designated on the General Land Use Plan Map as Suburban General (1.5-3 Dwelling Units Per Acre) and Business-Industrial. The proposed zoning amendment would permit the creation of 78 single-family lots for a gross density of 2.4 dwelling units per acre on 32.03 acres. Various light industrial uses would be permitted on the remaining 3.62-acre portion of the property that fronts on U.S. Route 1. Magisterial District: South Anna Planning Analysis:  RS District area will consist of: • 78 single-family detached lots • A gross density of 2.44 dwelling units per acre, which is consistent with the Suburban General land use designation • One entrance on: Old Keeton Road and Old Telegraph Road  M-2 District area will consist of: • Speculative commercial or light industrial uses consistent with the Business Industrial land use designation • One entrance on Washington Highway 42

Board of Supervisors Minutes – June 23, 2021

 The conceptual plan for the RS District area shows: • 11.5 acres in open space that is centrally located within the project (6.41 acres is required) • Pedestrian paths that provide community connection throughout the project and to adjacent parcels • Street trees • 25-ft street buffers along Old Keeton and Old Telegraph Roads, which include pedestrian paths and plantings • Architectural features to be provided from sample elevations  Beyond RS requirements, a 15’ buffer is provided between the existing A-1 parcels fronting Old Keeton Road and the proposed lots adjacent to those properties • That buffer will include a 6’ board-on-board fence with evergreen trees to the exterior side of the fence for additional screening  Proposed amenities include two (2) fire pits with seating, walking trails with benches, and at least seven (7) bird houses for bird watching Community Meetings.:  The applicant has held four community meetings, where the following concerns were expressed: • Intersection sight distance challenges at the Old Keeton Road and Washington Highway intersection • The narrow width of the pavement on Old Keeton Road and Old Telegraph Road • Townhomes/density not compatible with the existing neighborhood • Construction traffic along Old Keeton Road • The applicants have responded to these concerns by agreeing to the following road improvements: • Realigning the Old Keeton Road and Route 1 intersection by moving it northward and creating a 90-degree intersection • A retaining wall and right turn taper from Route 1 to Old Keeton Road to meet VDOT stopping sight distance requirements • A right turn lane from Old Keeton Road to Route 1 43

Board of Supervisors Minutes – June 23, 2021

• Widening Old Keeton Road across the project frontage • Right-of-way dedication • Other changes to the plan following the community meetings include: • Removal of the townhouses and a reduction in the density to 2.44 units per acre • Additional proffers regarding the uses and architectural treatment/materials of the new structure on the M-2 parcel Proffers:  Conceptual Plan for the M-2 parcel  Transportation Improvements  Landscape Buffer Adjacent to Old Keeton Road, Old Telegraph Road, and Existing Lots along Old Keeton Road  Residential and Commercial Elevations  Residential Foundation Materials  Preservation of Existing Trees  Asphalt or Aggregate Concrete Driveway Materials  Minimum Dwelling Size  Limitations on M-2 Uses  M-2 HVAC Screening Recommendations: The Planning Commission and staff recommend approval subject to the submitted proffers and conceptual plan Mr. Maloney presented this request to the board. He clarified that the widening of Old Keeton Road extends beyond the development. He also offered clarification on the M-2 area of the proposal; the applicant has requested a broader scope of use than the previous plan for a self- storage facility. The Chairman opened the public hearing and asked that anyone who wished to speak for or against the matter come forward. Mr. Andy Condlin, applicant representative, came forward and distributed a revised proffer proposal. He clarified that the changes made were in response to concerns raised by members of the Planning Commission and neighboring residents. 44

Board of Supervisors Minutes – June 23, 2021

Board members had questions and Mr. Maloney stated that having an M-2 area adjacent to residential is not common. Mr. Adam Warner, Site Engineer for the project, came forward and detailed where the sidewalks will be located. Ms. Faith Stanley, representative of one of the land owners in the area, came forward and spoke in favor of the project because it will bring much needed road improvements. Mr. Michael Duke, Beaverdam Magisterial District, came forward and spoke in favor of the project, citing the appropriate use of the site, necessary road improvements that will be made and the concessions made by the applicant. Mr. Scott Brannon, South Anna Magisterial District, came forward and spoke in favor of the matter citing the need for road improvements and public utilities in the area. Mr. Greg Hudson, South Anna Magisterial District, came forward and spoke in opposition to the matter citing concerns with the lack of information on the commercial part of the proposal, traffic and incompatibility with the existing area homes, Ms. Nancy Young, South Anna Magisterial District, came forward and spoke in opposition to the matter citing concerns with density, traffic, education costs for school-aged students that would live there and septic/drainage problems in the area. Ms. Natalie Young, South Anna Magisterial District, came forward and spoke in opposition to the matter citing concerns with septic/drainage in the area and traffic. Ms. Autry Gilliam, South Anna Magisterial District, came forward and spoke in opposition to the matter citing concerns with traffic delays for existing residents in the area Ms. Jerry Sweeney, South Anna Magisterial District, came forward and spoke in opposition to the matter citing concerns with traffic. Ms. Ann Archer, South Anna Magisterial District, came forward and spoke in opposition to the matter citing concerns with traffic, the number of houses proposed and other detriments to the existing community. Ms. Betty Hart, South Anna Magisterial District, came forward and spoke in opposition to the matter citing problems with traffic that have existed on Old Telegraph Road for years that will increase with the addition of more homes.

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Board of Supervisors Minutes – June 23, 2021

Patsy, South Anna Magisterial District, came forward and spoke in opposition to the matter citing the lack of shoulders on the road and concerns with the traffic studies. Mr. Alex Bourne, South Anna Magisterial District, came forward and spoke in opposition to the matter citing concerns with traffic and the lot sizes. Mr. Troy Johnson, South Anna Magisterial District, came forward and spoke in opposition to the matter. He stated a stop light would be necessary to make the development work. Mr. Condlin returned to the podium and offered rebuttal to the issues raised. No other citizens came forward to speak. The Chairman closed the public hearing. Board members had questions and Mr. Condlin, Mr. Warner and Mr. Maloney explained that the 75’ buffer will be a natural buffer, topography was taken into consideration, the “maintenance of traffic” plan will prevent either of the roads from being closed during construction and the additional proffer relating to the M-2 area would restrict back-up beepers during the stated hours. Mr. Walter clarified that a project is prohibited from making the drainage or septic of a neighboring property worse than it was before but it isn’t responsible for existing runoff/drainage problems. There was a discussion about the fact that the board is being asked to take action on a project that has substantially changed since it was heard by the Planning Commission. Board members also had comments about the length of time cars will have to wait to turn onto Route 1. The following email was received prior to the meeting: From: Scott Brannan Sent: Wednesday, June 16, 2021 3:10 PM To: Dibble, Susan P. ; Davis, Sean M. ; Stanley, Aubrey ; Maloney, David P. Subject: REZZ2020-00024. Old Keeton Road and RT 1 project. Roxanne & Lazaro Perdomo / Wisteria park.

Thank you for your time this afternoon. I am a resident of Hanover county, South Anna District ( Clay Bank Subdivision ) also a business owner in the Town of Ashland and have property on Washington Highway ( 11066 Washington Highway ). The Washington Highway property is continuous from Washington Highway to Telegraph Road. I encourage the BOS to approve this request and the POD. The county and the community will benefit from the proposed mixed use and will be a wonderful enhancement to the area. I also hope this development will move towards getting utilities such as sewer brought to this area. 46

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Best regards, Scott Brannan

W. Scott Brannan,President o: 804.798.1637 | c: 804.347.4442 211-B England St. Ashland, VA 23005

Upon motion by Ms. Dibble, seconded by Mr. Peterson, the members of the Hanover County Board of Supervisors voted to refer REZ2020-00024, Roxanne S. and Lazaro G. Perdomo, et al., back to the Planning Commission, as follows: Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye

The Chairman recessed the meeting at 8:43 p.m. The meeting was reconvened at 8:46 p.m. Mr. Herzberg moved that the Board of Supervisors approve the proposed settlement between the Board of Supervisors and 7-11 regarding acquisition of fee simple right-of-way, utility, site distance, drainage and temporary construction easements on the parcel identified as GPIN 8724-50-4603 for $75,000 and resolution of the condemnation case involving this parcel and authorize the County Administrator and County Attorney to take all steps necessary to finalize this settlement. The motion was seconded by Mr. Peterson. Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye Motion approved.

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Board of Supervisors Minutes – June 23, 2021

Mrs. Kelly-Wiecek moved that, following a satisfactory performance review, the Board of Supervisors authorize the County Administrator’s salary be increased to $229,000, and that the 2.5% merit increase that County employees are receiving effective July 1, 2021, also be awarded to the County Administrator. As a result, his base salary effective July 1, 2021, will be $234,725. The motion was seconded by Ms. Prichard. Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye Motion approved.

Mrs. Kelly-Wiecek moved that, following a satisfactory performance review, the Board of Supervisors authorize the County Attorney’s salary be increased to $171,000, and that the 2.5% merit increase that County employees are receiving effective July 1, 2021, also be awarded to the County Attorney. As a result, his base salary effective July 1, 2021, will be $175,275. The motion was seconded by Ms. Prichard. Vote: Sean M. Davis Aye Susan P. Dibble Aye F. Michael Herzberg, IV Aye Angela Kelly-Wiecek Aye W. Canova Peterson Aye Faye O. Prichard Aye Aubrey M. Stanley Aye Motion approved.

X. Announcements Mr. Davis expressed his excitement about Dr. Jay Brown joining the County Administrator’s office. Mr. Herzberg announced that his son started preschool this past week. Mr. Peterson wished everyone a happy Independence Day. It is also his anniversary.

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Mr. Davis wished everyone a happy July 2nd (the day the Resolution for Independence was passed by the Second Continental Congress) and noted that it his birthday. He also wished everyone a happy Independence Day.

XI. Adjournment At 8:51 p.m., the Chairman adjourned the meeting to Wednesday, July 26, 2021, at 2:00 p.m. at Hanover County.

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Chairman

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