COUNTY OF HENRICO, VIRGINIA BOARD OF SUPERVISORS REGULAR MEETING May 14, 2024 The Henrico County Board of Supervisors convened a regular meeting on Tuesday, May 14, 2024, at 6:00 p.m. in the Board Room, Administration Building, Henrico County Government Center, Parham and Hungary Spring Roads, Henrico County, Virginia. Members of the Board Present: Tyrone E. Nelson, Chairman, Varina District Daniel J. Schmitt, Vice-Chairman, Brookland District Roscoe D. Cooper, III, Fairfield District Misty D. Whitehead, Three Chopt District Jody K. Rogish, Tuckahoe District Other Officials Present: John A. Vithoulkas, County Manager Andrew R. Newby, County Attorney Tanya N. Brackett, CMC, Assistant to the County Manager/Clerk to the Board Michael Y. Feinmel, Deputy County Manager for Public Safety W. Brandon Hinton, Deputy County Manager for Administration Cari M. Tretina, Deputy County Manager/ChiefofSlaf Steven J. Yob, Deputy County Manager for Community Operations Ben A. Sheppard, Director of Public Relations Revérend Tyrone E. Nelson, Chair of the Henrico County Board of Supervisors and Pastor On motion of Mr. Schmitt, seconded by Mr. Cooper, the Board approved the minutes of April 23, 2024, Regular and Special meetings; and the April 11, 2024, Special meeting. of Sixth Mount Zion Baptist Church, delivered the invocation. The vote of the Board was as follows: Yes: Nelson, Schmitt, Cooper, Whitehead, Rogish No: None MANAGER'S COMMENTS Mr. Vithoulkas recognized Jackson Baynard, Chief of the Division of Fire, to celebrate Chief John Shaffer's service to Henrico County. Chief John Shaffer started his career with the Division of Fire in 1979. During his tenure with the Division, he has served in stations across the County at various ranks. His leadership has been an essential element of the Technical Rescue Team, Special Events Team, and Mass Casualty Team, as well as the many fire stations in which he served as the Station Captain. John is an incredibly efficient and effective Battalion Chief, incident commander, and administrator. He has also been influential in envisioning and developing many of the current operational and John Shaffer's leadership has influenced many Henrico Fire leaders both past and present. John has been a consistent presence on the A-Shift command team, helping mentor chiefs, captains, and lieutenants. Chief Baynard noted he was fortunate to have had Chief Shaffer as a supervisor when he was Captain and had the honor of serving alongside Chief Shaffer as Battalion Chief and then again as a Shift Commander. He is a member of the team that others seek out for advice and counsel. He leads with his heart and will always find a way tol help someone under his command. He has consistently led with humility and empathy, when we talk about Henrico County having heart, leaders like John Shaffer are what we think about. Chief Shaffer was recognized for his leadership by the Virginia Fire Chiefs Association in 2019, receiving the Glenn A. Gaines Leadership Legacy Award. ChiefJackson stated Chief John Shaffer has joined the Henrico Legacy Circle for 45 years of service. Chief Shaffer thanked the Board and the Manager and stated he was very grateful to the County for giving him the opportunity to become a part of the world's greatest Fire Department. He stated he was very grateful to the County Manager who has always made him feel valued and appreciated because he shows genuine interest in the County's employees. He also thanked his wife, Terri, who has been his biggest supporter throughout these many years, who has been his biggest fan, and who has always had faith in him even when he did not feel worthy. Chief Shaffer stated he will not forget how fortunate he was to have been a part of the greatest County in the nation and to be of the few selected to wear the Division of Fire uniform. He prays God will continue to bless this Mr. Vithoulkas next recognized Raj Joshi, Chair of the Asian American Society of Central Virginia. Henrico celebrates its diverse communities of Asian American, Native Hawaiian, and Pacific Islander American people who invest their talents, intellect, and ingenuity into the day-to-day operations and strategic planning essential to how we deliver services. In May, we take time to appreciate the people whose creativity, understanding, and experience are rooted in the care we provide everyone, ensuring their well-being and strong connection to the County. She invited everyone to visit Henrico County Public Library locations in person and online, as well as the County's multicultural community engagement website for cultural and heritage programs and much more. Raj stated the Asian American Society is a non-profit established in 1998 to promote unity and diversity in Central Virginia and to promote cultural awareness about varied cultures. The organization has hosted the Asian festival at the Greater Richmond Convention Center for administrative policies that guide the Division. County and those who serve it. the past 26 years. BOARDOF: SUPERVISORS COMMENTS Ms. Whitehead thanked Raj for the plaque presented to the County at the Asian Festival. RECOGNITIONOFI NEWS MEDIA Mr. Nelson recognized Lyndon German with VPM News. 2 PRESENTATIONS Mr. Vithoulkas announced the first proclamation recognizes May 12 18, 2024, as Law Enforcement Officers Week, that encourages Henrico citizens to take note of these special dates and salute the County's law enforcement officers for their steadfast commitment to the County's public safety efforts. He reminded the Board and the residents. this proclamation will be presented by our Chairman on Thursday, May 16, at the Law Mr. Nelson presented a proclamation recognizing May 2024 as Older Americans Month. Accepting the proclamation was Amy Strite, Executive Director of Senior Connections, Capital Area Agency on Aging. Joining her were Ashlee Giles, Henrico County's Advocate for the Aging, and Sheila Cunningham, Recreation Coordinator. Ms. Strite thanked the Board for recognizing May as Older Americans Month and celebrating the commitment to Enforcement Memorial Day Ceremony. serve older adults in their communities. APPOINTMENTS/ESIGNATION 149-24 Resolution Appointment of Members Finance Board. On motion of Mr. Cooper, seconded by Mr. Rogish, and by unanimous vote, the Board approved this item = see attached resolution. Resolution - Resignation of Member - Henrico Area Mental Health & On motion of Mr. Rogish, seconded by Mr. Schmitt, and by unanimous vote, the Board approved this item - see attached resolution. 150-24 Developmental Services Board. PUBLIC HEARINGS - REZONING CASES AND PROVISIONAL USE PERMIT 117-24 PUP2023- 00018 Tuckahoe Gateway Associates of Richmond II, LLC: Request for a Provisional Use Permit under Sections 24-2306 and 24-4315 of Chapter 24 of the County Code to allow commercial uses and zoning modifications as part of a master-planned development on part of parcels 753-745-6957 and 753-745- 0470 located on the west line of N Parham Road approximately 240' south After staff presented an overview of the case, Andy Condlin spoke on behalf of Steven Alexander, the managing member of Gateway Associates. Mr. Condlin discussed the changes between the new proposal and the permit approved in 2019. He gave comparisons and details about building Mr. Alexander also spoke in support of the proposal, stating the changes from the 2019 proposal are necessary to make the project economically feasible. Mr. Alexander stated after 50 years of doing business with the County, they are partners and investors and request the Board grant this of its intersection with Fargo Road. height, setbacks, and landscaping. request. 3 Jeremy Raw, a resident of the Tuckahoe District, spoke in opposition to the proposal and expressed concerns about height, noise, and traffic. Mr. Rogish expressed concerns that the proposal increased density on the site. Mr. Condlin stated this is correct and the heights and setbacks will also increase as well. Mr. Rogish also expressed concerns about student capacity at Freeman High School. Mr. Condlin stated apartments like the proposal are unlikely to attract families with school children. Mr. Rogish expressed concerns about road impacts and the proposed mix of uses on the Mr. Alexander addressed the use of the club house and the building footprint relative to Parham Road. Mr. Rogish noted a concern about On motion of Mr. Rogish, seconded by Mr. Schmitt, the Board did not follow the recommendation of the Planning Commission, and denied this site. parking. item. The vote of the Board was as follows: Yes: Nelson, Schmitt, Cooper, Whitehead, Rogish No: None 151-24 REZ-2023- 100258 Brookland Costco Wholesale Corp.: Request to conditionally rezone from 0-2C Office District (Conditional), B-2C Business District (Conditional), and B-3C Business District (Conditional) to B-3C Business District (Conditional) Parcels 754-758-1687, 754-758-7677, 754-759-3406, and 754-759-7616 containing 17.81 acres located at the northwest intersection of W. Broad Street (U.S. Route 250) and Springfield Road (State Route 157). Mr. Schmitt stated his intention to move for a deferral of the case to continue discussions about the item, including sidewalks at the project. On motion of Mr. Schmitt, seconded by Mr. Cooper, and by unanimous vote, the Board deferred this item to the June 11, 2024, meeting. The vote of the Board was as follows: Yes: Nelson, Schmitt, Cooper, Whitehead, Rogish No: None 152-24 REZ-2023- 100017 Varina HD CVA, LLC: Request to conditionally rezone from A-1 Agricultural District to M-1C Light Industrial District (Conditional) parcels 840-713- 3163, 841-710-2304, 841-712-4360, 842-709-8618, 842-712-1529, 842-712- 5063, 843-708-9028, 843-711-6375, 843-711-6508, 843-712-6388, 844-709- 3698, and 844-712-3071 containing 622.1 acres located on the north and south lines of E. Wiliamsburg Road (U.S. Route 60) at its intersection with 4 Technology Boulevard. Staff presented an overview of the case. Andy Condlin spoke on behalf of the applicant. He thanked the Planning staff and everyone involved in the case who have gone above and beyond in Mr. Condlin provided comments on buffers, setbacks, open space, and the additional community protections offered in the proffers for the case. He discussed limiting the truck traffic to Williamsburg Road and Technology Blvd. Mr. Condlin shared an example of the types of generators that could potentially be used onsite and explained they would be used in case of a power outage and tested periodically. He noted the applicant's commitment to perform a historical study. He noted the good jobs and revenue the Mr. Nelson requested a history of the White Oak Technology Park, which Mr. Emerson continued to respond to questions from Mr. Nelson regarding the parking lots, density, buffers, setbacks, and building standards (e.g., LEED Silver). Mr. Emerson noted the applicant's agreement to join the Mr. Nelson asked the applicant about building standards. Mr. Condlin explained datacenters are not geared towards human habitation, which is where the LEED standard is more appropriate. He stated the energy standards proffered were more in line with datacenter facilities. Mr. Emerson continued responding to questions from Mr. Nelson based on concerns received from the Planning Commission and community meetings. Mr. Emerson clarified the plan for provision of water and sewer utilities to the property. Bentley Chan, Director of Public Utilities, clarified that water usage for the project is expected to be minimal. Mr. Nelson asked for clarification on the types of generators at the property. Mr. Condlin explained the difference between the use of "tier 2" and "tier 4" generators at the project. Mr. Condlin stated Tier 4 would be a waste of resources and required a long lead time. Mr. Nelson asked questions about air monitoring at the facility. Mr. Condlin explained they will meet all DEQ requirements for air monitoring. Mr. Nelson asked further questions about the generators. Mr. Condlin explained the generators will be tested once a month and it generally takes 30 minutes for each generator, and they test them all over the course of a day. Mr. Nelson asked further questions about the availability of additional undeveloped land with the Technology Park, which were answered by staff. working through the case. project would bring to the community. was provided by Joe Emerson, Director of Planning. Technology Park and its covenants. 5 Mr. Nelson shared a letter from the applicant committing to provide $5 million in funding to support renewable energy installation in the Mr. Nelson asked about what uses would be developed at the property. Mr. Condlin explained the uses allowed under the proffered conditions, including datacenters. Mr. Nelson noted it might not be all datacenters. Mr. Nelson asked about noise concerns raised by the community. Mr. Emèrson explained how noise complaints would be investigated and how the proffer related to noise would be enforced. He noted most complaints about noise in the area related to airplane traffic from the nearby airport. Ms. Whitehead asked if there were any health issues inherent to data centers. Mr. Condlin stated that he is not aware of any, and the applicant is committed to meeting DEQ standards. She asked about the generators and DEQr requirements. Mr. Condlin stated they would be used when there isa failure of the electrical power caused by, for example, a weather event. Ms. Whitehead asked about air quality monitoring. Mr. Condlin stated DEQ is responsible for regulating air quality and the applicant will comply with the DEQ standards. Ms. Whitehead asked about artificial intelligence datacenter usage and if it was higher than typical datacenters. Mr. Condlin stated he cannot say for sure if the usage is higher for artificial intelligence. Mr. Nelson stated the information that is currently out there states artificial intelligence is using more energy. Ms. Whitehead asked Mr. Emerson about the designations for the property in the comprehensive plan. She also asked how long the construction process would last and if there was a commitment to use union labor. Mr. Condlin stated it would be al 10-year process, and there was no commitment to use union labor. Mr. Rogish asked Mr. Condlin about the difference between co-locator and hyperscale facilities and energy needs. Mr. Rogish also asked about the jobs brought by datacenter projects, including construction jobs during the construction phase. Mr. Rogish also noted the difference between the conditions proffered in this case versus rezonings approved for datacenters in neighboring jurisdictions. Mr. Emerson noted the infrastructure is not in place for those facilities whereas here in the County all that is in place. Mr. Schmitt explained he has no direct questions and felt it is important to. share that he and his colleagues have toured the facilities several times and have had the opportunities to meet with advocacy groups, staff, and the applicant. He has read every staff briefing document and public comment, he watched the Planning Commission meeting, and there have been hours of work and hours of work prior to this meeting. He appreciates the efforts on behalf of staff and Mr. Nelson that have been put forward in this case and wanted to share this information with not just his community. Mr. Condlin stated that is correct. constituents but with all the residents of the County. 6 Mr. Cooper requested information about local hiring. Mr. Condlin shared his previous slide showing the type of workers this facility will bring in from the County. Mr. Cooper asked will they partner with County Schools and local colleges and universities. Mr. Condlin stated there has been a need for technical education, and they will continue to try and work with our local schools. Mr. Cooper asked if the datacenters have any impact on property values. Mr. Emerson stated it should increase the property value of homes, noting there are over 1,000 residential units approved in this community, and there is commercial development currently underway. Mr. Nelson requested the applicant work with HCPS if the case is approved for internships. Mr. Condlin stated they will work with schools. The Board recessed at 8:39 p.m. and reconvened at 8:44 p.m. The following individuals spoke regarding this item: John Montgomery, a resident oft the Varina District, spoke on behalf of the Henrico Conservation Action Network ("HCAN"). He noted his approval of the work of the H.E.A.R.T. Committee, as well as County efforts to preserve open space at Varina Farms and Wilton Farms. He requested a deferral of the case because there were too many unknown factors and outstanding concerns about noise and Gray Montrose, a resident of the Varina District, expressed concerns regarding the new information received this evening about potential uses and the concentration of industrial uses in Varina. She expressed concerns about air quality and truck traffic, among Mr. Nelson asked Ms. Montrose to clarify her comments about the effects of air pollution on the community and asked Mr. Emerson for clarification of permissible uses allowed by the proffered Richard Sullivan, a resident of the Tuckahoe District, supported the rezoning, noting that datacenters bring minimal noise compared to other uses and that the proposed buffers were better than other Michael Keegan, a resident of the Three Chopt District, spoke against the case and expressed concerns about the energy consumption of data centers and its effect on climate change. Mike O'Brien, a resident oft the Varina District, noted how much the County is currently making in tax revenue from data centers per year ($20 million) and that his car is taxed at a higher rate. He explained this property was originally zoned for open space use and parks, but residents will not be able to go to this property. He does air pollution. others. conditions. areas of the County. 7 not feel the County is making back what they are putting into the Anne-Marie Leakes, a resident of the Tuckahoe District and member of the Board of Directors of HCAN, stated she doesn't feel there are policies developed for datacenters to protect public health Mark Peru, President of the Richmond Battlefields Association, requested the Board preserve the land just south of I-64 bordering Old Williamsburg Road to protect a significant part of a Civil War battlefield. He requested the Board defer the case to work with the applicant on preserving the 76 acres or at least discuss proper Jeff Dallas, a resident of the Varina District, also with the Richmond Battlefields Association, requested additional efforts to Aileen Rivera, a resident of the Varina District, requested the Board deny the case or at the very least defer the vote until the JLARC study on datacenters is released at the end of year. Ar resident from the Varina District voiced concerns with destruction of the land during construction and the effects on the Carol Ribley, a resident of the Tuckahoe District, expressed concerns about energy consumption. She urged the Board to defer the item and explore what it would take to get a better sustainable datacenter and await the results oft the JLARC: study. Charles Skelli, Business Manager of the International Brotherhood of Electrical Workers located in eastern Henrico, explained they support this project because it gives them the opportunity to put their apprenticeship program to work and give the next generation Glen, a resident of Chesterfield County, expressed concerns about energy consumption by datacenters driving new gas fired power William, a resident of the Varina District, stated he has worked on several of the projects in White Oak Technology Park. He stated these projects have allowed him to take care of his family. He supports these projects and the jobs they provide for the individuals who are building the projects. He stated technology is not going away; what better place than in Henrico to provide jobs for our data centers. and the environment. preservation oft the historic land. preserve the battlefield area. environment. achance at a career in the building trades. plants to meet electric needs. residents and our community. 8 * Stewart Goodwin, a resident of the Varina District, opposed the project and expressed concerns about truck traffic and noise. Mr. Nelson asked Mr. Condlin again about noise monitoring and air quality monitoring. With respect to air quality, Mr. Condlin referred to the DEQ standards the applicant must meet. He stated he is not sure why the datacenters would be required to go above and beyond that since that is the standard everyone is held to in the state. Mr. Emerson and Ms. Montrose provided feedback about the availability of DEQ public hearings Mr. Nelson asked for clarification about the DEQ regulation for the generators and whether the land was to be dedicated to parks. Mr. Emerson stated it was never given as part of the park catalog; it was Mr. Nelson asked are wetlands normally designated as open space and is it misleading to designate it as open space. Mr. Emerson explained any case that has wetlands, the County requests they are rezoned as conservation districts. Mr. Nelson asked about the deed restriction and being rezoned to M-1. Mr. Emerson noted the limited uses that could be made of that Mr. Nelson and the County Manager discussed the JLARC study and the Mr. Nelson requested that Mr. Emerson discuss the Comprehensive Plan process, and Mr. Emerson explained the process of drafting the new Comprehensive. Plan and the process used for the current Comprehensive Mr. Nelson further discussed air quality monitoring with Mr. Condlin and Mr. Rogish explained the benefits of the County setting high standards for datacenters through the rezoning process and stated that the environmental impact would be worse in other localities with lower standards. He also discussed the backup power generation at the facilities, including the use of batteries, in addition to generators. Mr. Rogish stated he is very appreciative of the applicant's funding of solar energy Ms. Whitehead explained she hopes the time spent this evening dispels the notion the Board members defer to the member whose district the proposal isin. She stated Mr. Nelson had given her lots of information on the case and the phone number of Mr. Condlin for her to speak openly with him. She continued to wrestle with this decision. She discussed the prospect of waiting for the JLARC study. They will get information that will address how we will deal with Dominion and others, but that discussion is beyond what the Board will do tonight. She further stated that the protections for this project. classified as "Prime Economic Development." portion of the property. prospect of waiting for that study to be completed. Plan. the applicant. opportunities for households in the County. 9 offered through the proffered conditions in this case far surpass the protections offered in cases in the region. She quoted Voltaire that the "perfect is the enemy of the good." She reassured her commitment to environmental issues, noting that climate change is real. This is about the Board taking the time to consider all the factors and coming up with the very best product we can sO that we take those benefits and use it for the community. She explained her intentions were to vote "yes" on the project but felt it was necessary to explain why, and she will continue to make sure the Board is being good stewards going forward for our residents and Mr. Nelson noted that the reason other localities do not have the restrictions and proffers that Henrico has been because they do not have the advocacy community the County has. He thanked the community for their efforts and prays they can see value in the work the County has done on this project. He stated he informed the Manager if the case passed, he would like to see the taxes generated by the project go to a dedicated fund, so the County does something transformational with the revenue. On motion of Mr. Nelson, seconded by Mr. Schmitt, and by unanimous vote, the Board followed the recommendation of the Planning Commission and approved this item with the following proffered conditions: 1. Development and Building Plan. The Property will be developed in general conformance with the plan attached hereto entitled "WHITE OAK TECHNOLOGY PARK 2- OVERALL DEVELOPABLE AREA", prepared by Timmons Group, and dated February 27, 2024 (see case file) (the Development and Building Plan"), which is conceptual in nature and may vary in design, layout, final density, and other details shown therein, provided, however, any minimum building setbacks shown on the Development and Building Plan must be complied with and cannot be reduced. Those areas shown as DEVELOPABLE AREA" on the Development and Building Plan are permitted for development of the Property, which includes parking, access drives, roads, grading areas, utility installation and stormwater facilities, fencing and walls, including retaining walls, signage and other development. Those areas shown as BUILDABLE AREA" on the Development and Building Plan will be those general areas of the Property which are permitted for development of the Property as Developable Areas, and further on which buildings and structures, including utility infrastructure such as utility substations and pump stations, may be located. Otherwise, the specific design, general layout, and other details may vary from the Development and Building Plan as required for final plan approval, engineering reasons, design or compliance with governmental regulations, or as otherwise approved during any Plan of Development review, sO long as in no instance will any building be setback from the boundary of the Property less than what is shown on the Development and Building for the County. Plan. 10 : 2. Building Setback. Any building on the Property will be set back at least 100 feet from the specific boundary lines of the Property shown as' "100' BUFFER AND BUILDING SETBACK", "VARIABLE WIDTH BUFFER AND BUILDING SETBACK (100' MINIMUM FROM P/L") and' "100' BUILDING SETBACK (TYP.)" on the plan entitled "WHITE OAK TECHNOLOGY PARK 2- OVERALL BUFFER PLAN", dated February 27, 2023, prepared by Timmons Group, and attached hereto (see case file) (the "Buffer and Setback Plan"). Landscaping, sidewalks, drainage facilities, utility lines (including fiber and telecommunication lines and related facilities) and connections, driveways, access ways, signs, flags, lighting, security fencing, parking areas, retaining walls and similar structures will be permitted within any building setback area set forth in this Proffer 2. 3. Buffers and Landscaping. a. Any buffer within the Property required in this Proffer 3 will be retained as natural to the greatest extent possible, provided, however, any buffer may include supplemental landscaping, berms and other purposes as approved at the time of landscape plan review. Roads and access drives (including any sight lines), sidewalks, utility easements (including drainage facilities, and fiber and telecommunication lines and related facilities), fencing/walls adjacent to any roads or drives, and signage will be permitted within any such buffer; provided, any such road, drive oru utility easements (other than electric power utility lines and easements) will be extended generally perpendicular through such buffer unless otherwise approved at the time of Plan of Development review. Fiber and telecommunication lines and related facilities may be extended parallel through a buffer sO long as the total width of the buffer is increased by the width of the easement for such fiber and telecommunication lines and related facilities. Any buffer required herein will include supplemental evergreen plantings necessary to provide additional screening for existing single-family dwellings adjoining such buffer as determined at the time of landscape plan review. A minimum of fifty percent (50%) of all plantings installed must be native species. b. The areas shown on the Buffer and Setback Plan (see case file) as "VARIABLE WIDTH BUFFER AND BUILDING SETBACK (100' MINIMUM FROM P/L)" will be a minimum one hundred (100) foot in width, natural and landscaped buffer, and planted, if permitted within the Resource Protection Area, at a minimum to The areas shown on the Buffer and Setback Plan (see case file) as "50' BUFFER" will be a minimum fifty (50) foot in width, natural and landscaped buffer and planted at a minimum to the level ofa d. The areas shown on the Buffer and Setback Plan (see case file) as the level of a transitional buffer 50. transitional buffer 50. II "100' BUFFER AND BUILDING SETBACK" will be a minimum one hundred (100) foot in width, natural and landscaped buffer and planted at a minimum to the level of a transitional buffer 50. e. Supplemental landscaping consisting of evergreen plantings will be provided along any parking areas adjoining residential areas existing at the time of Plan of Development review. Such landscaping will be placed along the edge of the clearing limits adjacent to such parking areas, as determined appropriate at the time of landscape plan review to provide screening effective to screen lights from vehicles driving on such parking areas. All buffer areas will be marked at the time construction begins as required at the time of Plan ofDevelopment review. Any fencing within one hundred (100) feet of any boundary line of the Property (including Williamsburg Road or Technology Boulevard) will be decorative fencing, such as black cast aluminum decorative fence, security fencing, or as otherwise approved at the time of Plan of Development review. 4. Uses. Only the following uses will be permitted: a. Uses permitted in the Office Use Category, which include and are limited to the following: Business and sales; ii. Business schools; iv. Data centers; and V. Professional services. iii. Business training and conference facilities; b. Uses permitted in the Manufacturing and Production Use Category, which include and are limited to the following: 1. Manutacturing, artisan; and ii. Manufacturing, light. Utility, minor; d. Accessory uses, such as utilities, including, without limitation, electrical substations and switch stations, water and sewer e. Any other use permitted in the M-1 District if permitted by and ultimately approved with a Provisional Use Permit or Conditional Use Permit, as the case may be, provided, in no case will any facilities (including lift stations); and Manufacturing, Heavy uses be permitted. 5. Building Materials. Exposed exterior wall surfaces (above finished grade) of all individual buildings (excluding rooftop screening materials for mechanical equipment) must be constructed with one or more of the following siding materials: decorative concrete block (including, without limitation, split face block, smooth face block, fluted block, and ground face block), tilt-up or pre-cast concrete, brick, brick veneer, glass, metal (other than corrugated metal), stone, cast stone, stone veneer, stucco, synthetic stucco, glass block, cementitious 12 siding, insulated panels, concrete tile, or ceramic tile, unless other material is approved at the time of Plan of Development review. In no case will unpainted concrete block, unfinished corrugated metal, or unfinished sheet metal be permitted. For purposes of these proffers, "wall surfaces" will not be deemed to include columns, pilasters, trim, gutters, accent materials, architectural features, windows, doors, bay doors, piers, wall sections and headers near roll up doors and loading 6. Elevations. Buildings constructed on the Property will generally be inc conformance with the renderings attached hereto as Exhibit B and dated January 30, 2024 (2 pages, see case file), with respect to quality of design, massing and architecture, and the variety of features, unless otherwise approved at the time of Plan of Development review. 7. Lighting. All parking lot lighting on the Property will use concealed sources of light (such as shoebox type fixtures) and be dark sky compliant. Parking lot lighting fixtures located in the parking lots and within five hundred (500) feet of any existing single-family home must not exceed twenty-five (25) feet in height above grade level. Parking lot lighting and any exterior building light fixtures will utilize LED lamps or their equivalent. Lights located on the exterior of a building will not face toward the boundary line of the Property adjoining any 8. Height. No building on the Property will exceed a height of ninety- three (93) feet, provided as measured, including exceptions, as set forth in Section 24-8310 of the County Zoning Ordinance. 9. NoBurning. There must be no. on-site open burning of stumps, limbs, trees or other debris during site work or the construction of any 10. BMPs/Retention Ponds. Any retention pond or BMP facilities on the Property will be maintained in accordance with all applicable laws, rules, and regulations and any wet pond will be aerated. 11. Impervious Surface. No more than sixty-five percent (65%) of the Property will contain impervious surface consisting of buildings, 12. Utility Lines. Except for junction and access boxes, meters, utility lines in wetlands areas, existing overhead utility lines, electric power lines, and except as otherwise required by applicable laws, rules and regulations; all site-specific utility lines, including private electric, telephone, CATV or other similar lines, will be installed underground, unless otherwise approved at the time of Plan of Development review. 13. Detached Signage. Detached signage will be monument style, the base of which will be a material consistent with the building, and doors. existing single-family home. buildings on the Property. structures, parking areas and drive aisles. 13 landscaped. No such detached signage will be internally lit. No digital 14. Conservation Areas. Notwithstanding the uses permitted and regulated by the zoning of the Property, such portion(s) of the Property which lie within a one hundred (100) year flood plain as determined by definitive engineering studies approved by the Department of Public Works, and such portion(s) of the Property which may be inundated by waters impounded to a maximum elevation determined in a controlled, regulated manner by a structure or structures approved by the Department of Public Works, may only a. Stormwater management, retention areas, and stormwater b. Ponds, lakes and similar areas intended as aesthetic or Access drives, utility easements (including fiber and telecommunication lines and related facilities), signage, sidewalks, walkways, and recreational facilities installed in a manner to d. Such additional uses to the uses identified in A, B and C above as may be deemed compatible and of the same general character by the Director of Planning pursuant to the County Zoning The developer will, prior to the last Plan of Development approval for the Property, make an application to rezone such portions of the Property described above to a C-10 Conservation District. 15. Hours of Construction. The hours of any land disturbance activities, including operation of. bulldozers and other earthmoving equipment, within five hundred (500) feet ofany existing single-family home (which such area must be identified on any Plan of Development, as applicable), will be limited to between 7:00 a.m. and 7:00 p.m. (or dusk, whichever is earlier) on Monday through Saturday, and between 9:00 a.m. and 6:00 p.m. on Sunday, except in emergencies or where unusual circumstances require extending the specific hours in order to complete work, such as concrete pours or utility connections. Signs, in both English and Spanish, stating the above referenced provisions will be posted and maintained at all construction entrances to the Property prior to any land disturbances 16. Construction Traffic. Construction vehicles will only be permitted to access the Property by way of Williamsburg Road or Technology Boulevard. Any construction entrance must have a mud wash for the changeable message signs will be permitted. be used for the following purposes: outflows. recreational amenities or wildlife habitats. minimize their impacts. Ordinance. activities thereon. 14 . washing of construction vehicle tires as necessary to prevent mud from getting on public roads when leaving the Property. 17. Loading Areas. All loading docks must be screened from public view at the public rights of way. Loading areas facing a residential or agriculturally zoned property being used for residential purposes will be screened using landscaping, an opaque fence, or wall, or as otherwise approved at the time of Plan of Development review. 18. Diesel Generators. Diesel generators located on the Property may only be used for emergency purposes. For purposes of this proffer, emergency purposes means a need for the generators because of a failure in electrical power being provided to the Property from the main, typical source of electrical power, caused by a weather event, power grid outage, natural or human event, or other failure event. Diesel generators located on the Property may be tested only as approved under the Virginia Department of Environmental Quality ("DEQ") issued permit. Such testing will be conducted pursuant to National Fire Protection Association (NFPA) (or its successor) standards, as may be applicable at that time. All such generators must be installed pursuant to the applicable DEQ permit and operated pursuant to DEQ requirements and guidelines, including any necessary reporting. Any such generator must be located behind a building or screened from any public right-of-way or single-family home existing at the time of a Plan of Development by a wall, fence, landscaping, or other means as deemed necessary and approved at the time ofl Plan ofl Development review. No diesel generators may be used for production of electrical power to serve any use off the Property. The hours of generator testing will be limited to between 7:00 a.m. and 7:00 p.m., Monday through Friday, with no testing on Saturdays or Sundays, provided that these limits will not apply to the testing of any generator(s) during time of commissioning (i.e., installation and start-up), and except in emergencies or where unusual circumstances require extending the specific hours in order to complete work. 19. Archeological Study. The applicant must conduct a Phase. 1 Archeological and Cultural Resource Study on the Property, in compliance with Section 106 of the National Historic Preservation Act of 1966, prior to the first Plan of Development approval on such portion of the Property subject to the Plan of Development. The applicant of such Plan of Development will provide a copy of the study to the Director of Planning of the County for review. Any culturally significant artifacts found as a result of such study or construction on any portion of the Property will be offered for donation to the County 20. Land Dedication. Prior to issuance of development permits on the portion of the Property with a current County Parcel ID of 840-713- 3163 and a current address of 2801 Old Williamsburg Road (the "Old Williamsburg Road Parcel"), upon request of the County, a minimum or its assigns. 15 of.25 of an acre of the Old Williamsburg Road Parcel, such portion of Old Williamsburg Road Parcel to be north of Old Williamsburg Road, in the general area as shown as "0.25 ACRES OF DEDICATION AREA" on the Development and Building Plan (see case file), will be dedicated to the County or its assigns for use to place an historic marker and other improvements by the County or its assigns. Should any of the dedicated area not be used by the County within fifteen (15) years of the date of the dedication, title to the dedicated property will 21. Protective Covenants. Prior to or concurrent with the final approval of the initial Plan of Development for any portion of the Property a document setting forth covenants and restrictions (the "Covenants") will be recorded in the Clerk's Office of the Circuit Court of the County, which will include Covenants relating to the development and maintenance oft that portion of the Property, and by which that portion of the Property will become subject to the Declaration of Covenants, Restrictions, and Easements For White Oak Technology Park, as may be restated and amended at that time (the "White Oaks Declarations"), other than requirements related to side and rear yard setbacks not adjoining a public street and reservation of easements by the Declarant under Section 8.01 oft the White Oaks Declarations. 22. Exterior Alarms. No exterior alarms or speaker systems will be permitted, provided alarms or beepers located on vehicles and 23. Trash Enclosures. Any proposed enclosure area for dumpsters on the Property that can be seen from a public right-of-way, if provided, must be constructed of masonry, tilt, or other cementitious product on three (3) sides that is complementary to the buildings. The fourth side must be gated with an opaque material. Trash enclosures will be additionally screened from view with landscaping or other screening 24. Best Practices. All buildings on the Property must be constructed and operated using best practices or better in the industry with respect to building construction, noise attenuation, and cooling technologies. All data center buildings will be constructed to LEED (Leadership in Energy and Environmental Design) "Silver" standards for Building Design and Construction or a recognized industry equivalent such as EnergyStar (the "Building Standards"). Prior to the issuance of the permanent certificate of occupancy for such building, a licensed engineer or architect shall provide the Planning Department with certihcation that such building was constructed according to the Building Standards. The design, construction, operation, and maintenance of all data center buildings will be consistent with generally recognized industry energy efficiency standards and guidelines for data centers as determined by ASHRAE Standard 90.4 revert to the applicant or its successors in interest. emergency alarms will be permittèd. materials. orar recognized industry equivalent. 16 25. Data Center Uses. Any project or building specifically used as a data center will be designed and constructed implementing measures and techniques incorporating the following measures, unless otherwise Minimize impervious areas and provide enhanced landscaping iii. Use a minimum of fifty percent (50%) of solar power for aeration iv. Use stormwater runoff from on-site detention facilities to irrigate Provide a minimum of 4 EV parking spaces per building within the data center employee parking. area, with at least 1 universal vi. Use LED fixtures for a minimum of eighty-five percent (85%) of vii. Use LED fixtures for a minimum of eighty-five percent (85%) of ix. Incorporate heat reflective roofing on a minimum of sixty percent X. Buildings will be constructed using best practice sustainability xi. Noise Attenuation Standards. When adjacent to any parcel with a residential dwelling in existence at the time of plan of development review, noise levels at any exterior property line caused by sounds emanating from the Property will not exceed 70 dBA between the hours of 7:00 a.m. and 10:00 p.m. weekdays and from 9:00 a.m. to 10:00 p.m. on Saturdays, Sundays, and legal holidays, and 55 dBA between 10:00 p.m. and 7:00 a.m. weekdays and from 10:00 p.m. to 9:00 a.m. on Saturdays, Sundays and legal holidays. The foregoing standards will not apply to the operation of construction equipment, mandatory safety measures (such as back up beepers on vehicles), emergency operations or noise resulting from work on public projects and/or on private or public utilities. For the purposes of this proffer, the term "emergency" means any situation arising from sudden and reasonably unforeseen events beyond the control of the data center operator, which requires the immediate use of the emergency generators to restore normal operation(s). Emergency operations will adhere to DEQ provisions and/or other relevant federal regulation. A baseline sound study of ambient noise will be conducted prior to land disturbing for any portion of the Property subject to an approved Plan of Development and the results of such study will approved at the time of Plan ofl Development review: within the ii. development areas; ofs stormwater management facilities; landscape, lawn or buffer areas; EV charger for each 2 EV parking spaces; all building interior lighting; all building exterior lighting; viii. Recycle construction material waste; (60%) oft the data center building roof; measures; and be submitted to the County. 26. Sidewalks. Sidewalks will be constructed to County or VDOT standards along Technology Boulevard and Williamsburg Road as required at the time of Plan of Development review for any portion of 17 7 2 the Property adjoining Technology Boulevard or Williamsburg Road, 27. Severance. The unenforceablity, elimination, revision or amendment of any proffer set forth herein, in whole or in part, will not affect the validity or enforceability of the other proffers or the unaffected part of 28. Traffic Impact. At the time of each Plan of Development review on any portion of the Property, a cumulative average daily trip analysis will be provided to the County of all uses located on the Property at that time together with the use proposed by such Plan of Development. If such analysis estimates more than 4,000 average daily trips (as determined by the 1lth Edition of the Institute of Traffic Engineers (ITE) Code and/or based on actual traffic information submitted to and approved by the County Department of Public Works) as a result of all such uses on the Property, a traffic study as required by the County at the time of such Plan of Development review will be completed. Necessary road improvements must be made as identified in the approved traffic study and required in accordance with the phasing plan accompanying such Plan of Development at that time. Such traffic study must be updated in a cumulative fashion for each additional phase of development on any portion oft the Property, as required by the County Traffic Engineer. 29. Access. Vehicular access to any portion of the Property will be limited to Williamsburg Road and Technology Boulevard, and as an emergency access only via Old Williamsburg Road and Old Memorial Drive, unless approved otherwise at the time of Plan of Development review. Vehicular access to Williamsburg Road must be provided for that portion of the Property currently designated with GPIN 840-713- 3163 (the "Old Williamsburg Road Parcel) prior to final approval of a Plan of Development on that portion of the Property designated with GPIN 841-712-4360, unless otherwise waived in writing by the then existing owner of the Old Williamsburg Road Parcel. Access for the Old Williamsburg Road Parcel will be permitted on Old Williamsburg Road for any such portion of the Old Williamsburg Road Parcel used 30. Concept Road 80. Development of the southern portion of Parcel GPIN 841-710- 2304 will accommodate a future connection from Technology Boulevard to Old Memorial Drive, in the general location of" "Proposed Concept Road 80", as identified on the Development and Building Plan (see case file), or as otherwise approved at the time of Plan of Development review. At the request of the County, right-of- way, a minimum of fifty (50) feet in width, will be dediçated to the County for construction of' "Proposed Concept Road 80", provided that the developer will not be responsible for the construction of Concept Road 80, other than access improvements otherwise required at the as the case may be. any such proffer. for open space, public or recreation purposes. time of Plan of Development review. 18 : 31. Safe Conduct of Operations. All uses must be conducted sO as not to (a) create any danger to the health, safety or welfare of the citizens of Henrico County, Virginia or (b) cause any material adverse impact on the Property or surrounding areas by creating any excessive noise, vibration, smoke, dust, lint, odor, heat or glare beyond the boundaries oft the Property. The vote oft thè Board was as follows: Yes: Nelson, Schmitt, Cooper, Whitehead, Rogish No: None PUBLIC HEARINGS - OTHER ITEMS 153-24 Resolution - Declaration of Surplus Property - Signatory Authority - Minor Subdivision and Deed of Gift to the School Board - Portion ofGPIN 767-754-5387 Abutting Hermitage High School - Brookland District. No one from the public spoke in opposition to this item. On motion of Mr. Cooper, seconded by Ms. Whitehead, and by unanimous vote, the Board approved this item - see attached resolution. Resolution - Condemnation - Right-of-Way and Easements - Magellan Parkway Extension (Bridge Over I-95) Improvement Project - 650 Scott 154-24 Road and 676 Scott Road Fairfield District. Noone from the public spoke in opposition to this item. the Board approved this item - see attached resolution. 5519 Woodrow Terrace - Fairfield District. No one from the public spoke in opposition to this item. On motion of Mr. Cooper, seconded by Ms. Whitehead, and by unanimous vote, the Board approved this item = see attached ordinance. Ordinance - Vacation of Building Line - College Hills Subdivision - 604 On motion of Mr. Rogish, seconded by Mr. Schmitt, and by unanimous vote, Ordinance - Vacation of Building Line - Bryan Park Terrace Subdivision - 155-24 156-24 Horsepen Road - Tuckahoe District. Noone from the public spoke in opposition to this item. the Board approved this item - see attached ordinance. On motion of Mr. Rogish, seconded by Mr. Cooper, and by unanimous vote, 19 y :.. : PUBLIC COMMENTS There were no comments from the public. GENERALAGENDA 157-24 Resolution Support of PlanRVA Grant Application - Urban Agriculture On motion of Mr. Schmitt, seconded by Mr. Rogish, and by unanimous vote, the Board approved this item - see attached resolution. Resolution - Award of Contracts - Annual Environmental Engineering On motion of Ms. Whithead, seconded by Mr. Cooper, and by unanimous vote, the Board approved this item - see attached resolution. Resolution - Award of Contract - Henrico Sports & Events Center - Building Automation & HVAC Improvements - Fairfield District. On motion of Mr. Cooper, seconded by Mr. Schmitt, and by unanimous vote, the Board approved this item = see attached resolution. Resolution - Award of Contract - Lucas Road Waterline - Brookland On motion ofl Mr. Schmitt, seconded by Mr. Cooper, and by unanimous vote, Resolution - Signatory Authority - Construction Change Order - Greenwood Estates Waterline Improvements - Brookland District. On motion of Mr. Schmitt, seconded by Mr. Rogish, and by unanimous vote, the Board approved this item - see attached resolution. Resolution - Award of Contract - Woodcliff Subdivision Sewer On motion of Mr. Cooper, seconded by Ms. Whitehead, and by unanimous vote, the Board approved this item - see attached resolution. Resolution - Signatory Authority - Award of Contract - Annual Contract On motion of Mr. Schmitt, seconded by Ms. Whitehead, and by unanimous vote, the Board approved this item - see attached resolution. Resolution - Award of Contract - Bethlehem Road Improvements - Planning. 158-24 Services. 159-24 160-24 District. the Board approved this item = see attached resolution. 161-24 162-24 Improvements Fairfield District. 163-24 for Unidirectional Flushing Maintenance. 164-24 Brookland District. 20 On motion of Mr. Schmitt, seconded by Mr. Rogish, and by unanimous vote, the Board approved this item - see attached resolution. There being no further business, the meeting was adjourned at 10:54 p.m. Henrico-County, Virginia GN 21 9hoclamation OF THE BOARD OFS SUPERVISORS OF HENRICO COUNTY, VIRGINIA LAW ENFORCEMENT OFFICERS WEEK May 12-18, 2024 WHEREAS, the law enforcement officers of Henrico County serve our citizens daily, protecting lives and property and upholding local ordinances and state laws; and WHEREAS, by the nature of their duties, these officers endure grave danger and, on WHEREAS, the County'sl law enforcement officers help make our community a safe place WHEREAS, these professionals need and deserve the support of our citizens; and WHEREAS, it isi important to remember our officers who died in the line of duty and to acknowledge those officers who continue tos serve the County and the Commonwealth; and WHEREAS, each year, the 15th day of May is nationally designated as Peace Officers Memorial Day and the calendar: week in which that date occurs is nationally designated as WHEREAS, the Henrico County Police Division will hold its annual memorial service and wreath-laying ceremony at Police Memorial Park on' Thursday, May 16, 2024, tol honor NOW, THEREFORE, BEI ITI PROCLAIMED that the Board of Supervisors ofHenrico County, Virginia, hereby recognizes May 12-18, 2024, as Law Enforcement Officers Week. and Thursday, May 16, 2024, as Law Enforcement Memorial Day in Henrico County; encourages Henrico citizens to take note of these special dates; and salutes the County's law enforcement officers for their steadfast commitment to the County's public safety efforts and for contributing significantly to the quality ofl life of this community. occasion, loss oftheir own lives; and tol live, work, and play; and Police Week; and the County's fallen police officers. Chairman Board of Supervisors k Mhpw.Rnaclus Tanyal N.J Brackett, Clerk May 14,2024 9hoclamation OF THE BOARD OF SUPERVISORS OF HENRICOCOUNTI, VIRGINIA OLDER AMERICANS MONTH May 2024 WHEREAS, Henriço County includes more than 71,000 residents who are age 55 and over; and WHEREAS, these residents enrich our communities through their diverse life experiences that have enabled them to "connect, create, and contribute," "and WHEREAS, May is Older Americans Month, a time for us to acknowledge and honor Henriço older adults and their immense influence on every facet of our community; and WHEREAS, Henrico County includes a growing number of older Americans who contribute their strength, wisdom, and experience to our community; and WHEREAS, the 2024 theme for Older Americans Month is "Powered by Connection" which recognizes the profound impact that meaningful relationships and social WHEREAS, communities benefit when people of all ages, abilities, and backgrounds are WHEREAS, Henrico County recognizes the need to create a community that provides the services and supports older Americans need to thrive and live independently for as WHEREAS, Henrico County continues to enhance the community for older residents by offering services and programs through the Division of Recreation and Parks, the Advocate for the Aging, and other County agencies, and in collaboration with Senior Connections the Capital Area Agency on Aging that promotes independence, explores the positive aspects of aging, and increases access to services that support aging in place. NOW, THEREFORE, BE ITI PROCLAIMED by the Board of Supervisors of Henrico County, Virginia, that May 2024 is Older Americans Month.. The Board of Supervisors urges every resident to recognize the contributions of our older residents, help to create an inclusive society, and join efforts to support older Americans' choices about how they connections have on the health and well-being ofolder residents; and welcomed, included, and supported; and long as possible; and age in their communities. Chairman Board of Supervisors g COUNTY OF HENRICO, VIRGINIA BOARD OF SUPERVISORS Agenda Item No. 149-24 Page No. loft MINUTE Agenda Title: RESOLTIOA-Aplatment of Members - Finance Board Date: 5/024 Movedby(I). Cospu Secondedby(). Roçat For Clerk'sUseOnly: OAproved ) Denied Amended ODeferred BOARD OF SUPERVISORS ACTION YES NO OTHER Cooper, R. Nelson,T. Rogish,J. Schmitt, D. Whitehead, W. (2). REMARKS: (2) A PPROY WHEREAS, by ordinance adopted March 11, 2008, the Board of Supervisors created the Finance Board to serve as trustee of funds designated by the County to be held, accumulated, and invested by WHEREAS, pursuant to Section 15.2-1547 of the Code of Virginia, the Finance Board is currently composed oft the Director of Finance, who serves an indefinite term, and three additional members with proven integrity, business ability, and demonstrated experience in cash management and investments, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Henrico County, Virginia, reappoints the following persons to the Finance Board for a term ending May 24, 2026, or thereafter the Finance Board for the purpose of funding Other Post-Employment Benefits; and, who serve two-year terms. when their successors have been appointed and qualified: Vaughan G. Crawley John B. Wack By. Agency Head Copy to: By County Manager Certified: ACopy" Teste: Date: 7 Clerk, Board of Supervisors COUNTY OF HENRICO, VIRGINIA BOARD OF SUPERVISORS Agenda Ilem No. 150-24 Page No. lof 1 MINUTE Agenda Title: RESOLUTION - Resignation of Member - Henrico Area Mental Health & Developmental Services Board For Clerk'sUse0 Only: Date: 5M2024 oAppoved 0 Denied 0 Amended ODeferred BOARD OF SUPERVISORS ACTION YES NO OTHER V wg.Rogat Seconded by(I). Schnuts Cooper, R. Nelson," T. Rogish,J. Schmitt,D. Whitehead, M. (2). REMARKS: (2) APPROY WHEREAS, on January 11, 2022, Rupinder Kaur was appointed to the Henrico Area Mental Health & Developmental Services Board for a three-year term expiring December 31, 2024; and, WHEREAS, Ms. Kaur submitted her resignation from the Henrico Area Mental Health & Developmental Services Board on April 12, 2024, via email correspondence. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Henrico County, Virginia, hereby accepts the resignation of Rupinder Kaur from the Henrico Area Mental Health & Developmental Services Board. By Agency Head Copy to: By County Manager Certified: ACopy" Tesle: Date: 17 Clerk, Board of Supervisors Brackett, Tanya From: Sent: To: Cc: Subject: Tanya, Totty, Laura Friday, April 12, 2024 10:15 AM Brackett, Tanya MacKay, Allison FW: Not able to continue the role Good morning. Rupinder Kaur resigned from the CSB Board effective today. Please see her email below. Ms. Whitehead has the opportunity to appoint someone tot fill Ms. Kaur'sunexpired term which ends December 31, 2024. Please let mel knowi iflcan be of help. Thank you, Laura Laura S. Totty Executive Director 10299 Woodman Road Glen Allen, VA: 23060 (804) 727-8585 (804)727-8580 fax e-mail: auratony@henncous Henrico Area Mental Health & Developmental Services From: Rupinder Kaur roopb7ehotmail.com> Sent: Friday, April 12,202410:06AM To: Totty, Laura