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2023-02-22 Minutes 23-73 2/22/2023 BOARD OF SUPERVISORS MINUTES FEBRUARY 22, 2023 Supervisors in Attendance: Mr. Kevin P. Carroll, Chair Mr. James A. Ingle, Jr., Vice Chair Mr. Christopher M. Winslow Mr. James M. Holland Dr. Mark S. Miller Dr. Joseph P. Casey County Administrator Mr. Carroll called the meeting to order at 2:00 p.m. 1. APPROVAL OF MINUTES On motion of Mr. Holland, seconded by Mr. Winslow, the Board approved the minutes of January 4, 2023, and January 25, 2023, as submitted. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no requests to postpone agenda items and additions, deletions or changes in the order of presentation. 3. WORK SESSIONS 3.A. EVERYDAY EXCELLENCE Mr. Neil Luther, Director of Parks and Recreation, recognized members of the Parks and Recreation Trails Crew for their outstanding work maintaining county trails and other amenities. He stated Mr. Carroll shared a recent example just last month during his report when he talked about the crew’s work over the holiday break to make significant improvements to assist students at Cosby High School. Board members commended members of the team for their continued diligent and exceptional work. 3.B. TOURISM IMPROVEMENT DISTRICT Ms. Katherine O’Donnell, Executive Vice President of Richmond Region Tourism, provided details relative to the Tourism Improvement District (TID) initiative. She stated the purpose of the TID is to drive visitation and hotel occupancy in the Richmond Region via a dedicated fund for marketing and sales activities to benefit the hotels, the region and the entire community. She further stated the TID will include all lodging businesses, existing and in the future, with 41 rooms or more 23-74 2/22/2023 located within the boundaries of the county. She stated sales, marketing, promotions, and special events programs will increase demand for overnight tourism and market payors as visitor, meeting and events destinations, thereby increasing demand for room night sales. She noted the total annual fee budget for the initial year of its ten-year operation is anticipated to be approximately $1,739,854, and a similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do. She stated the annual fee is two percent of gross short-term room rental revenue to be paid monthly. She noted the county will collect the fee on a monthly basis from all lodging businesses paying the business fee and remit the collected funds to Richmond Region Tourism on a monthly basis. She stated it is intended that the business fee will be reported and collected in the same manner as the transient occupancy taxes in the county. 3.C. PROPOSED FY2024 BUDGET REVENUE WORK SESSION Mr. Matt Harris, Deputy County Administrator, joined by Mr. Gerard Durkin, Director of Budget and Management, provided an overview of economic conditions that impact major revenue sources in the development of the FY2024 budget. Mr. Durkin stated the national labor market is exceeding pre-pandemic levels and the cost of employment increases to new highs. He noted national housing activity is slowing and car values are beginning to normalize. Regarding consumer debt, he stated the share of current debt becoming delinquent increased again in the fourth quarter for nearly all debt types, following two years of historically low delinquency transitions. He further stated combined with concerns over rising unemployment on the horizon, consumers are poised to exercise greater caution with their spending in the months ahead. Regarding the labor market, he stated the unemployment rate in the county continues to outpace that of its peers, the state and the nation. He then covered information relative to personal property, and stated local car values have come down considerably, following the same trend as national data. He noted no change for the personal property rate is recommended and staff is finalizing recommendations on PPTRA percent/providing additional relief as recommended by the Board in the Fall. He then provided the FY2024 general fund summary and stated the county is right in line with spending before the pandemic. He noted the residential revaluation is turning towards a historical trend. He stated the county’s real estate revaluation tends to follow the same trend as inflation and population increases. He further stated after accounting for the one cent cut from December; revaluation percent lines up with inflation and population increases. Regarding Schools’ budget, he stated the Superintendent’s proposed budget was presented with an initial layout searching for an additional $16.8 million. He noted county staff believes there are several pathways to balancing the Superintendent’s proposal. He noted the framework for the budget has already been in motion for the 2-3 years. In closing, he reviewed key upcoming budget processes. Discussion ensued relative to the presentation, specifically details regarding the Schools’ proposed budgetary requests. 23-75 2/22/2023 3.D. PROPOSED FY2024 UTILITIES OPERATING BUDGET AND FY204- 2033 CAPITAL IMPROVEMENT PROGRAM WORK SESSION Mr. George Hayes, Director of Utilities, provided a comprehensive review of the Utilities Departments’ proposed FY2024 operating budget and the FY2024-2033 Capital Improvement Program. He stated proposed increases in the water and wastewater commodity charges and the water capacity charge will result in a monthly combined water and wastewater increase of $1.80, or 2.96 percent, for an average residential customer using 7 CCF’s per month. He further stated there are no increases proposed for the water and wastewater capital cost recovery charges. He noted there is no action requested by the Board today and the authorization to advertise the proposed ordinance changes for the FY2024 water and wastewater utility rates is on this evening’s agenda. He noted a public hearing on the proposed ordinance changes is scheduled for March 23, 2023, followed by budget adoption on April 5th, 2023. 3.E. 988 INITIATIVE UPDATE Ms. Kelly Fried, Executive Director of Mental Health, provided information relative to the federal 988 initiative and State Marcus Alert legislation including impacts to the county. She stated 988 is a direct connection to compassionate, accessible care and support. She further stated the National Suicide Hotline Designation Act of 2020 was signed into law, incorporating 988 into the statute as the new Lifeline and Veterans Crisis Line photo number. She stated the PRS Crisis Link is the same provider who operates 988, the National hotline; in addition, this company is operating all regional crisis centers in Virginia except in the far Southwest which is using Frontier Health. Regarding the Marcus-David Peters Act, she stated “Marcus Alert” enhances services for people experiencing a crisis related to mental health, substance use, or developmental disability. She further stated Marcus Alert creates coordination between 911 and regional crisis call centers and establishes a specialized behavioral health response from law enforcement when responding to a behavioral health situation. She then reviewed local protocol requirements and the 4-level urgency triage. In closing, she stated there is a consent agenda item later this evening to allow the county to accept $600,000 of ongoing funding for planning and implementation purposes. 3.F. INFORMATION SYSTEM TECHNOLOGY PROJECTS UPDATE Mr. Dean Jadlowski, PMD Division Chief for IST, provided an update to the Board on the status of information technology projects and project management process improvements. He stated IST Project Management Office’s mission is to provide portfolio governance structure and transparency supporting division initiatives county-wide and oversees project management industry best practices in the delivery of technology-based projects in county government. Regarding standard project conventions, he stated a temporary endeavor is undertaken to create a unique product or service; the individual responsible for sound governance of the scope, schedule and cost of the project; and the individuals who will utilize the final solution to provide services to constituents or internally. He further stated the IST project manager role 23-76 2/22/2023 crosses organizational structures for technology-based projects to maintain transparency and accountability of the entire team regardless of reporting structures. He then reviewed recently completed innovation and automation projects, activation and completion trends; and soon to be completed projects. 3.G. STATE LEGISLATIVE SESSION UPDATE Ms. Natalie Spillman, Intergovernmental Relations Administrator, provided the Board with a General Assembly update. She stated three days remain for the General Assembly 2023 session which convened on January 11th and noted over 1,900 bills were introduced through both the House and Senate, with only 700 being passed between both bodies, with 177 currently pending. She then reviewed several amendments as they pertain to the county. 3.H. CONSENT AGENDA HIGHLIGHTS Mr. Clay Bowles, Deputy County Administrator, updated the board on various consent agenda highlights being proposed this evening which include authorizing the use of District Enhancement Capital Improvement Funds (DECIF); item to approve participation in proposed settlements of opioid-related claims; resolution approving curbside recycling fee waiver; and set public hearing items to approve a license agreement with EventMakers USA and to consider code amendment relative to the extension of public roads in an agricultural district. 4. REPORTS 4.A. DISTRICT IMPROVEMENT FUNDS (DIF) MONTHLY REPORT The Board approved the Monthly Report on District Improvement Funds. 5. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 6. RECESS FOR DINNER On motion of Mr. Holland, seconded by Mr. Ingle, the Board recessed to dinner in Room 502. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 7. INVOCATION The Honorable Kevin Carroll, Matoaca District Supervisor, gave the invocation. 23-77 2/22/2023 8. PLEDGE OF ALLEGIANCE Mr. Matt Harris, Deputy County Administrator, led the Pledge of Allegiance to the Flag of the United States of America. 9. COUNTY ADMINISTRATOR UPDATE 9.A. BLACK HISTORY MONTH UPDATE Ms. Emily Ashley, Director of Citizen Information and Resources, introduced Ms. Kimberly Conley, Assistant Director for Citizen Information and Resources, who shared with the Board various events and programs that occurred throughout February in honor of Black History Month. 9.B. RECOGNITION OF RECENT AWARDS AND EMPLOYEE ACHIEVEMENTS • Dr. Casey announced that the Davis Child Advocacy Center has achieved accreditation through the National Children’s Alliance. Ms. Jenelle Beverly, the center’s administrator, accompanied by retired Judge Bonnie C. Davis, for which the center is named; Lisa Johnston, the center’s forensic interviewer; and Marilyn Brown, director of Chesterfield Juvenile Justice Services, shared details with the Board about the center and this outstanding achievement. • Dr. Casey announced TopWorkPlaces.com has for the second year in a row selected Chesterfield among its honorees as a “Top Workplaces USA National Award Winner.” He stated this means that Chesterfield remains among the top 100 employers among more than 300 organizations nationwide with 2,500 or more employees. • Dr. Casey announced that the Virginia Association of Fairs has awarded top honors to the Chesterfield County Fair, testament to how special the Chesterfield County Fair remains more than a century after it began. He recognized Ms. Brenda White Vaughn, manager of the fair, and Mr. Donnie Yancey, the fair’s secretary. • Dr. Casey recognized Mr. Matt McLaren, managing director for business attraction, who recently received a 2023 Economic Development 40 Under 40 Award. This is a biennial recognition for rising start in the economic development field. 9.C. OTHER COUNTY ADMINISTRATION UPDATES • Dr. Casey congratulated Parks and Recreation staff and volunteers with the Ettrick Recreation Center who recently received the Outstanding Host Site award from Sports Backer’s Fitness Warriors Program. The award is recognition for the free fitness classes led by Fitness Warriors who receive training in the Sports Backers program. 23-78 2/22/2023 10. BOARD MEMBER REPORTS Mr. Winslow announced he attended Bryant and Stratton’s graduation on January 27th, where Dr. Casey served as commencement speaker. He also announced he had the pleasure of speaking with a group of 5th graders belonging to Cub Scout Pack 2806 and joined staff, volunteers, and community partners who assisted with this year’s winter Point-in-Time Count. He stated citizens had the opportunity to voice their opinion during a community meeting on the Woolridge Road Widening Project plans, schedule, impacts and property acquisition procedures on January 31st. Mr. Holland announced he presented at the 2023 John Mercer Langston Institute for African American Political Leadership on February 3rd on specific roles in local government and own personal journeys in public service. Dr. Miller announced he had the pleasure of speaking with members of the Midlothian Business Alliance at their annual Midlothian Outlook Luncheon on February 2nd. He also announced he attended recent tours of the Addison Evans Water Treatment Plant and the Appomattox River Water Authority Plant on February 3rd, and provided district updates covering planning, transportation, economic development, education and more during several neighborhood meetings. Mr. Carroll reviewed several Black History Month activities which occurred all month and announced several meetings he attended which included district community conversations on February 7th, Bailey Bridge Middle School PTSA on February 8th, Jones Run Trail on February 15th and Intersections Improvement hosted by Timmons and CEDA on February 16th. He also announced he attended the Utilities All Staff meeting on January 26th and spoke to the 84th Basic Police Recruit Graduation. 11. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no resolutions or special recognitions at this time. 12. NEW BUSINESS 12.A. APPROVAL OF A REAL ESTATE PURCHASE CONTRACT FOR COUNTY PROPERTY AT 8610 PERRYMONT ROAD Mr. Jesse Smith stated on June 27, 2018, the Board declared county property at 8610 Perrymont Road surplus and authorized staff to offer the property for sale. He further stated the site is known as Perrymont School and is not needed for school or county use. He noted 8610 Perrymont Road, LLC, has offered to purchase the property for $100,000 contingent upon being satisfied with the condition of the property, rezoning the property, finding the property suitable for their use, and obtaining suitable financing. Mr. Ingle recused himself due to potential conflict of interest. On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved a real estate contract for county property at 8610 Perrymont Road and authorized the County Administrator to execute the contract. Ayes: Carroll, Winslow, Holland and Miller. Nays: None. 23-79 2/22/2023 12.B. APPOINTMENTS 12.B.1. PRESERVATION COMMITTEE On motion of Mr. Winslow, seconded by Mr. Holland, the Board nominated/reappointed Ms. Mary Ellen Howe (non-county resident), Mr. James V. Daniels (Bermuda District), Ms. Julie Crowe (Midlothian District), Mr. Andrew Scherzer (Midlothian District), and Mr. Richard “Scott” Williams (non-county resident) And, further, the Board appointed Ms. Caroline Emmons (Dale District) and Mr. Brent Ward (Midlothian District) to serve on the Preservation Committee, whose terms are effective on March 8, 2023 and will expire on March 4, 2026. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.2. CRATER PLANNING DISTRICT COMMISSION On motion of Mr. Winslow, seconded by Mr. Ingle, the Board nominated/appointed Dr. Mark S. Miller to replace Mr. Chris Winslow on the Crater Planning District Commission, whose term is effective immediately and will expire on December 31, 2023. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.C. CONSENT ITEMS (12.C. - 12.C.11.d.) 12.C.1. ADOPTION OF RESOLUTIONS 12.C.1.a. RESOLUTION RECOGNIZING MR. EARNEST W. CARLSON, PARKS AND RECREATION DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Ingle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Ernest W. Carlson will retire from the Chesterfield County Parks and Recreation Department on March 1, 2023, after providing 38 years of dedicated service to the citizens of Chesterfield County; and WHEREAS, Mr. Carlson began with the Parks and Recreation Department as a Senior Recreation Specialist and was promoted thru the department to his current position of Athletics Manager of Parks and Recreation in May 1996; and WHEREAS, Mr. Carlson has been the Parks and Recreation liaison for over 80 co-sponsored leagues and associations, has provided athletic facility management and administrative support for over 30,000 participants who participate annually in recreation athletic programs in Chesterfield County, has supervised the growth of sports tourism, providing significant economic impact for Chesterfield County, has scheduled athletic facilities at over 60 county schools and park facilities, and has worked closely with parks staff, school administration, athletic personnel and facility school management staff to provide recreational opportunities for county co-sponsored athletic leagues, associations, and rentals; and 23-80 2/22/2023 WHEREAS, Mr. Carlson was instrumental in the inception of sports tourism at River City Sportsplex and was recognized by Richmond Region Tourism in 2016 for his outstanding contribution to sports tourism in the region; and WHEREAS, Mr. Carlson was instrumental in the Chesterfield County Parks and Recreation Code of Conduct for co-sponsored organizations, the Athletic Activity Period Allocation Process for equitable scheduling, the Chesterfield County Parks and Recreation Volunteer Monument Hall of Fame, served as the Virginia Flag Football Vice President from 1984 through 1994 and was responsible for preparing numerous District Improvement Funding requests for parks and school projects; and WHEREAS, Mr. Carlson has been a member of the Virginia Recreation and Park Society (VRPS) and the National Recreation and Park Association (NRPA), assisted in securing the department’s Commission for Accreditation of Park and Recreation Agencies (CAPRA), worked diligently with the Parks and Recreation Advisory Commission (PRAC) and the Chesterfield County Background Check Committee for youth coaches, served as a member of the Chesterfield County Concussion Committee, served as the Virginia Flag Football Vice President from 1984 through 1994, and served on the Community Cup organizational team. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of February 2023, publicly recognizes Mr. Ernest W. Carlson, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his exceptional service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Carlson and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.C.1.b. RESOLUTION RECOGNIZING FIREFIGHTER LISA A. HESS, FIRE AND EMERGENCY MEDICAL SERVICES, UPON HER RETIREMENT On motion of Mr. Ingle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Firefighter Lisa A. Hess retired from the Fire and Emergency Medical Services Department, Chesterfield County, on February 1, 2023, and WHEREAS, Firefighter Hess completed Recruit School #32 in 2002 and faithfully served the county for twenty years; and WHEREAS, Firefighter Hess served in various assignments as a firefighter at the Buford, Centralia, Phillips, Ettrick, Airport, Bon Air, Rivers Bend Fire and EMS Stations, and as an 23-81 2/22/2023 Assistant Fire Marshal in the Fire and Life Safety division; and WHEREAS, Firefighter Hess served as a member of the Chesterfield Fire and EMS Hazardous Materials Team; and WHEREAS, Firefighter Hess served as the secretary for the Central Virginia Fire Arson Association; and WHEREAS, Firefighter Hess was certified as a Nationally Registered Emergency Medical Technician – Paramedic in 2005, and served the county as an advanced Life support provider; and WHEREAS, Firefighter Hess was certified through the Virginia Department of Fire Programs as an NFPA 1031 Fire Inspector and an NFPA 1033 Fire Investigator in 2011; and WHEREAS, Firefighter Hess graduated from the Virginia Fire Marshal Law Enforcement Academy in April 2012; and WHEREAS, Firefighter Hess obtained her National Certified Fire Investigation certification through the International Association of Arson Investigators in 2018; and WHEREAS, Firefighter Hess was awarded a Lifesave Award for her involvement during Tropical Storm Gaston in the successful outcome of two citizens trapped in water on August 30, 2004; and WHEREAS, Firefighter Hess was awarded an EMS Unit Citation for her involvement in the successful outcome of a teenager who suffered cardiac arrest on March 22, 2005. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Lisa A. Hess, expresses the appreciation of all citizens for her service to the county, and extends their appreciation for her dedicated service and their congratulations upon her retirement. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.C.1.c. RESOLUTION SETTING A PUBLIC HEARING REGARDING THE ESTABLISHMENT OF A TOURISM IMPROVEMENT DISTRICT On motion of Mr. Ingle, seconded by Mr. Holland, the Board adopted the attached resolution and schedule a public hearing for the March 22, 2023, Board of Supervisors meeting to receive comments regarding the establishment of a tourism improvement district in the County: WHEREAS, Section 15.2-2413 et seq. of the Code of Virginia, 1950, as amended, authorizes localities to establish a Tourism Improvement District (“TID”) upon submission of a TID plan and a petition signed by a weighted majority of the business owners who will be affected by the creation of the TID; WHEREAS, lodging business owners in Chesterfield County have submitted a TID plan that would establish a fee of 2% of 23-82 2/22/2023 gross short-term rental revenue for lodging businesses that have forty-one (41) rooms or more within the boundaries of the County; WHEREAS, a copy of the TID plan is attached to this Resolution and is available for public inspection in the office of the Clerk to the Board of Supervisors; WHEREAS, business owners who will pay more than fifty (50) percent of the fees proposed to be charged have submitted a petition requesting the creation of a TID in the County; and WHEREAS, any business owner who is to be charged a fee under the TID plan and who objects to the plan must file an objection with the Clerk to the Board of Supervisors within thirty (30) days of the conclusion of the public hearing to be held at the date set forth below and in accordance with the requirements of Va. Code § 15.2-2413.4(B). NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors will hold a public hearing during the evening session of its March 22, 2023 meeting at the Chesterfield County Public Meeting Room located at 10001 Iron Bridge Road, Chesterfield, Virginia 23832 to hear all persons interested in the subject of the TID plan. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.C.1.d. RESOLUTION APPROVING CURBSIDE RECYCLING FEE WAIVER On motion of Mr. Ingle, seconded by Mr. Holland, the Board approved resolution to waive calendar year 2023 first-half recycling fee. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.C.2. REAL PROPERTY REQUESTS 12.C.2.a. ACCEPTANCE OF PARCELS OF LAND 12.C.2.a.1. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO HULL STREET ROAD FROM AIDEN ASSOCIATES 8101, LLC On motion of Mr. Ingle, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.05 acres adjacent to Hull Street Road from Aiden Associates 8101, LLC and authorized the County Administrator to execute the deed. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.C.2.a.2. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO SALISBURY DRIVE FROM FOREST VIEW VOLUNTEER RESCUE SQUAD, INCORPORATED On motion of Mr. Ingle, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.032 acres adjacent to Salisbury Drive from Forest View Volunteer Rescue Squad, Incorporated and authorized the County Administrator to execute the deed. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-83 2/22/2023 12.C.2.b. CONVEYANCE OF EASEMENTS 12.C.2.b.1. TO CONSIDER CONVEYANCE OF AN EASEMENT TO VERIZON VIRGINIAL LC FOR A 15’ AND VARIABLE WIDTH UNDERGROUND EASEMENT ACROSS FALLING CREEK ELEMENTARY SCHOOL AND FALLING CREEK MIDDLE SCHOOL On motion of Mr. Ingle, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Verizon Virginia LLC for a 15’ and variable width underground easement across Falling Creek Elementary School and Falling Creek Middle School. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.C.2.c. REQUESTS FOR PERMISSION 12.C.2.c.1. AWARD CONTRACT FOR INSPECTION SERVICES FOR GRANDSTANDS, BLEACHERS, BAND TOWERS, AND OTHER RELATED GYM EQUIPMENT On motion of Mr. Ingle, seconded by Mr. Holland, the Board authorized the Director of Procurement to award a contract to TJ Distributors of MD, Inc. for inspection services of grandstands, bleachers, band towers and other related gym equipment for Chesterfield County and Chesterfield County Public Schools. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.C.2.c.2. AWARD CONTRACT FOR CONSULTING SERVICES AND SPACE STUDY AT THE JUVENILE DETENTION HOME On motion of Mr. Ingle, seconded by Mr. Holland, the Board authorized the Director of Procurement to award a consulting services contract in the amount of $149,642 to Moseley Architects, approve funds for the space study project, and approved all necessary orders, up to the amount budgeted for the project. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.C.3. MEMORANDUM OF UNDERSTANDING BETWEEN CHESTERFIELD COUNTY AND CITY OF RICHMOND TO SHARE SPECIFIC MUTUAL TASKS TO BE PERFORMED BY THE CORPORATION FOR SUPPORTIVE HOUSING TO CHESTERFIELD SERVICE AGREEMENT FOR CONSULTANT SERVICES FOR DEVELOPMENT OF HOME-ARP ALLOCATION PLAN On motion of Mr. Ingle, seconded by Mr. Holland, the Board approved a Memorandum of Understanding between Chesterfield County and the City of Richmond to share tasks to be performed by the Corporation for Supportive Housing pursuant to Chesterfield Service Agreement #ADMN22000272 For Consultant Services for Development of HOME-ARP Allocation Plan dated June 1, 2022. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-84 2/22/2023 12.C.4. AUTHORIZE USE OF DISTRICT ENHANCEMENT CAPITAL IMPROVEMENT FUNDS (DECIF) On motion of Mr. Ingle, seconded by Mr. Holland, the Board authorized the use of District Enhancement Capital Improvement funds, including authorization to advertise and award construction contracts and change orders, up to the full amount budgeted for each project, and execution of any agreements necessary to complete the projects. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.C.5. AUTHORIZE ADVERTISEMENT OF PROPOSED ORDINANCE CHANGES FOR THE FY2024 WATER AND WASTEWATER UTILITY RATES On motion of Mr. Ingle, seconded by Mr. Holland, the Board set March 22, 2023, at 6:00 p.m. for a public hearing on the proposed ordinance changes for the FY2024 water and wastewater utility rates. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.C.6. AUTHORIZE THE RECEIPT AND APPROPRIATION OF 988 ALERT FUNDING On motion of Mr. Ingle, seconded by Mr. Holland, the Board authorized the receipt and appropriation of $600,000 from the Department of Behavioral Health and Developmental Services to plan and implement the Marcus Alert System to comply with the Code of Virginia section 9.1-193 and section 37.2-311.1. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.C.7. AUTHORIZE ADVERTISEMENT OF 2023 CALENDAR YEAR TAX RATES AND OTHER REQUIRED LEGAL NOTICES AND TO SET PUBLIC HEARINGS RELATED TO THE PROPOSED FY2024 BUDGET On motion of Mr. Ingle, seconded by Mr. Holland, the Board authorized advertisement of 2023 calendar year tax rates and other required legal notices and to set public hearings related to the proposed FY2024 budget. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.C.8. APPROVAL OF PARTICIPATION IN PROPOSED SETTLEMENTS OF OPIOID-RELATED CLAIMS On motion of Mr. Ingle, seconded by Mr. Holland, the Board adopted the following resolution approving Chesterfield County’s participation in the proposed settlements of opioid- related claims against Teva, Allergan, Walmart, Walgreens, and CVS, and their related corporations: 23-85 2/22/2023 A RESOLUTION OF THE CHESTERFIELD COUNTY BOARD OF SUPERVISORS APPROVING OF THE COUNTY’S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST TEVA, ALLERGAN, WALMART, WALGREENS, CVS, AND THEIR RELATED CORPORATE ENTITIES, AND DIRECTING THE COUNTY ATTORNEY AND/OR THE COUNTY’S OUTSIDE COUNSEL TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE COUNTY’S PARTICIPATION IN THE SETTLEMENTS WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts Chesterfield County by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by Chesterfield County’s various departments and agencies; and WHEREAS, Chesterfield County has been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of Chesterfield County; and WHEREAS, Chesterfield County has filed suit against Teva, Allergan, Walmart, Walgreens, CVS, and certain of their related corporate entities for their role in the distribution, manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed Chesterfield County; and WHEREAS, the County’s suit seeks recovery of the public funds previously expended and to be expended in the future to abate the consequences and harms of the opioid epidemic; and WHEREAS, settlement proposals have been negotiated that will cause Teva, Allergan, Walmart, Walgreens, and CVS to pay billions of dollars nationwide to resolve opioid-related claims against them; and WHEREAS, the County has approved and adopted the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding (the “Virginia MOU”), and affirms that these pending settlements with Teva, Allergan, Walmart, CVS, and Walgreens shall be considered “Settlements” that are subject to the Virginia MOU, and shall be administered and allocated in the same manner as the opioid settlements entered into previously with the defendant Distributors and the defendant Janssen Pharmaceuticals; and WHEREAS, Chesterfield County’s outside opioid litigation counsel has recommended that the County participate in the settlements in order to recover its share of the funds that the settlement would provide; and WHEREAS, the County Attorney has reviewed the available information about the proposed settlements and concurs with the recommendation of outside counsel; NOW THEREFORE BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of February, 2023, approves of the County’s participation in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and directs the County Attorney and/or the County’s outside counsel 23-86 2/22/2023 to execute the documents necessary to effectuate the County’s participation in the settlements, including the required release of claims against the settling entities. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.C.9. AWARD CONTRACTS FOR CIVIL ENGINEERING SERVICES On motion of Mr. Ingle, seconded by Mr. Holland, the Board authorized the Director of Procurement to execute requirements contracts with Timmons Group, Austin Brockenbrough and Associates, Dewberry Engineers and CHA Consulting for Civil Engineering Services. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.C.10. ACCEPTANCE OF STATE ROADS On motion of Mr. Ingle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia, and the Department’s Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Sandler Station Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Streets Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Sandler Drive, State Route Number 8481 From: Pocoshock Boulevard, (Route 733) To: 0.04 miles from Pocoshock Boulevard, (Route 733), a distance of 0.04 miles Recordation Reference: Plat Book 282, Page 60 Right of Way width (feet) = 80 23-87 2/22/2023 • Sandler Drive, State Route Number 8481 From: 0.04 miles from Pocoshock Boulevard, (Route 733) To: Sandler Way, (Route 8482), a distance of 0.07 miles Recordation Reference: Plat Book 282, Page 60 Right of Way width (feet) = 80 • Sandler Way, State Route Number 8482 From: Sandler Drive, (Route 8481) To: The cul-de-sac, a distance of 0.12 miles Recordation Reference: Plat Book 282, Page 60 Right of Way width (feet) = 40 • Sandler Court, State Route Number 8483 From: Sandler Drive, (Route 8481) To: The cul-de-sac, a distance of 0.03 miles Recordation Reference: Plat Book 282, Page 60 Right of Way width (feet) = 40 And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on a plat recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia, and the Department’s Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Magnolia Green Woolridge Road Extension Phase 3C Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Woolridge Road, State Route Number 7766 From: 0.02 miles east of Magnolia Green Parkway, (Route7692) To: 0.01 miles west of Rugby Hill Road, (Route 8371), a distance of 0.45 miles Recordation Reference: Plat Book 290, Page 23 Right of Way width (feet) = 90 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and 23-88 2/22/2023 WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia, and the Department’s Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Glen Abbey at Magnolia Green Section 1 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Streets Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Jones Run Lane, State Route Number 8475 From: Magnolia Green Parkway, (Route 7692) To: Jones Run Trail, (Route 8476), a distance of 0.12 miles Recordation Reference: Plat Book 283, Page 44 Right of Way width (feet) = 50 • Jones Run Trail, State Route Number 8476 From: Jones Run Lane, (Route 8475) To: The cul-de-sac, a distance of 0.07 miles Recordation Reference: Plat Book 283, Page 44 Right of Way width (feet) = 50 • Jones Run Trail, State Route Number 8476 From: Jones Run Lane, (Route 8475) To: Veronica Drive, (Route 8477), a distance of 0.16 miles Recordation Reference: Plat Book 283, Page 44 Right of Way width (feet) = 50 • Jones Run Trail, State Route Number 8476 From: Veronica Drive (Route 8477) To: The cul-de-sac, a distance of 0.04 miles Recordation Reference: Plat Book 283, Page 44 Right of Way width (feet) = 50 • Veronica Drive, State Route Number 8477 From: Jones Run Trail (Route 8476) To: The end-of-maintenance, a distance of 0.01 miles. Recordation Reference: Plat Book 283, Page 44 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and 23-89 2/22/2023 WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia, and the Department’s Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: The Towns at Swift Creek Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Streets Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Sandbill Run, State Route Number 8470 From: Gannet Lane, (Route 8472) To: Southeastward, to Petrel Crossing, (Route 8471), a distance of 0.15 miles Recordation Reference: Plat Book 275, Page 6 Right of Way width (feet) = 61 • Sandbill Run, State Route Number 8470 From: Kelly Green Drive, (Route 7675) To: Petrel Crossing, (Route 8471), a distance of 0.05 miles Recordation Reference: Plat Book 275, Page 6 Right of Way width (feet) = 61 • Sandbill Run, State Route Number 8470 From: Petrel Crossing, (Route 8471) To: Gannet Lane, (Route 8472), a distance of 0.09 miles Recordation Reference: Plat Book 275, Page 6 Right of Way width (feet) = 61 • Petrel Crossing, State Route Number 8471 From: Gannet Lane, (Route 8472) To: Sandbill Run, (Route 8470), a distance of 0.26 miles Recordation Reference: Plat Book 275, Page 6 Right of Way width (feet) = 53 • Petrel Crossing, State Route Number 8471 From: Gannet Lane, (Route 8472) To: Tundra Ridge, (Route 8474), a distance of 0.18 miles Recordation Reference: Plat Book 275, Page 6 Right of Way width (feet) = 53 23-90 2/22/2023 • Petrel Crossing, State Route Number 8471 From: Osprey Way, (Route 8473) To: Sandbill Run, (Route 8470), a distance of 0.09 miles Recordation Reference: Plat Book 275, Page 6 Right of Way width (feet) = 53 • Petrel Crossing, State Route Number 8471 From: Sandbill Run, (Route 8470) To: Gannet Lane, (Route 8472), a distance of 0.15 miles Recordation Reference: Plat Book 275, Page 6 Right of Way width (feet) = 53 • Petrel Crossing, State Route Number 8471 From: Sandbill Run, (Route 8470) To: The cul-de-sac, a distance of 0.09 miles Recordation Reference: Plat Book 275, Page 6 Right of Way width (feet) = 53 • Petrel Crossing, State Route Number 8471 From: Tundra Ridge, (Route 8474) To: Osprey Way, (Route 8473), a distance of 0.02 miles Recordation Reference: Plat Book 275, Page 6 Right of Way width (feet) = 53 • Gannet Lane, State Route Number 8472 From: Petrel Crossing, (Route 8471) To: The end-of-maintenance, a distance of 0.01 miles Recordation Reference: Plat Book 275, Page 6 Right of Way width (feet) = 53 • Gannet Lane, State Route Number 8472 From: Petrel Crossing, (Route 8471) To: Sandbill Run, (Route 8470), a distance of 0.08 miles Recordation Reference: Plat Book 275, Page 6 Right of Way width (feet) = 53 • Gannet Lane, State Route Number 8472 From: Sandbill Run, (Route 8470) To: Tundra Ridge, (Route 8474), a distance of 0.10 miles Recordation Reference: Plat Book 275, Page 6 Right of Way width (feet) = 53 • Gannet Lane, State Route Number 8472 From: Tundra Ridge, (Route 8474) To: Petrel Crossing, (Route 8471), a distance of 0.08 miles Recordation Reference: Plat Book 275, Page 6 Right of Way width (feet) = 53 • Osprey Way, State Route Number 8473 From: Kelly Green Drive, (Route 7675) To: Petrel Crossing, (Route 8471), a distance of 0.05 miles Recordation Reference: Plat Book 275, Page 6 Right of Way width (feet) = 61 23-91 2/22/2023 • Tundra Ridge, State Route Number 8474 From: Petrel Crossing, (Route 8471) To: Gannet Lane, (Route 8472), a distance of 0.08 miles Recordation Reference: Plat Book 275, Page 6 Right of Way width (feet) = 53 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia, and the Department’s Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Harper’s Mill South Section 1 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Streets Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Verneham Drive, State Route Number 8461 From: Fishers Green Drive, (Route 8462) To: The end-of-state-maintenance, a distance of 0.01 miles Recordation Reference: Plat Book 250, Page 5 Right of Way width (feet) = 50 • Verneham Drive, State Route Number 8461 From: Harpers Mill Parkway, (Route 7600) To: 0.05 miles south of Harpers Mill Parkway, (Route 7600), a distance of 0.05 miles Recordation Reference: Plat Book 250, Page 5 Right of Way width (feet) = 50 • Verneham Drive, State Route Number 8461 From: 0.05 miles south of Harpers Mill Parkway, (Route 7600) To: Fishers Green Drive, (Route 8462), a distance of 0.10 miles Recordation Reference: Plat Book 250, Page 5 Right of Way width (feet) = 50 23-92 2/22/2023 • Fishers Green Drive, State Route Number 8462 From: Fishers Green Court, (Route 8463) To: Nesbit Ferry Lane, (Route 8465), a distance of 0.05 miles Recordation Reference: Plat Book 250, Page 5 Right of Way width (feet) = 50 • Fishers Green Drive, State Route Number 8462 From: Forton Court, (Route 8466) To: The temporary cul-de-sac, a distance of 0.04 miles Recordation Reference: Plat Book 250, Page 5 Right of Way width (feet) = 50 • Fishers Green Drive, State Route Number 8462 From: Nesbit Ferry Lane, (Route 8465) To: Forton Court, (Route 8466), a distance of 0.08 miles Recordation Reference: Plat Book 250, Page 5 Right of Way width (feet) = 50 • Fishers Green Drive, State Route Number 8462 From: Verneham Drive, (Route 8461) To: Fishers Green Court, (Route 8463), a distance of 0.04 miles Recordation Reference: Plat Book 250, Page 5 Right of Way width (feet) = 50 • Fishers Green Court, State Route Number 8463 From: Fishers Green Drive, (Route 8462) To: The cul-de-sac, a distance of 0.04 miles Recordation Reference: Plat Book 250, Page 5 Right of Way width (feet) = 50 • Fishers Green Place, State Route Number 8464 From: Fishers Green Drive, (Route 8462) To: The cul-de-sac, a distance of 0.07 miles Recordation Reference: Plat Book 250, Page 5 Right of Way width (feet) = 50 • Nesbit Ferry Lane, State Route Number 8465 From: Fishers Green Drive, (Route 8462) To: The end-of-state-maintenance, a distance of 0.01 miles Recordation Reference: Plat Book 250, Page 5 Right of Way width (feet) = 50 • Forton Court, State Route Number 8466 From: Fishers Green Drive, (Route 8462) To: The cul-de-sac, a distance of 0.05 miles Recordation Reference: Plat Book 250, Page 5 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. 23-93 2/22/2023 NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia, and the Department’s Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Harpers Mill Southwest - Section 4 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Streets Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Forge Gate Lane, State Route Number 8324 From: 0.11 miles southwest of Green Gate Court, (Route 8327) To: Chalet Court, (Route 8467), a distance of 0.04 miles Recordation Reference: Plat Book 274, Page 13 Right of Way width (feet) = 55 • Forge Gate Lane, State Route Number 8324 From: Chalet Court, (Route 8467) To: Sayley Drive, (Route 8468), a distance of 0.16 miles Recordation Reference: Plat Book 274, Page 13 Right of Way width (feet) = 55 • Forge Gate Lane, State Route Number 8324 From: Clawton Court, (Route 8469) To: The cul-de-sac, a distance of 0.05 miles Recordation Reference: Plat Book 274, Page 13 Right of Way width (feet) = 50 • Forge Gate Lane, State Route Number 8324 From: Sayley Drive, (Route 8468) To: Clawton Court, (Route 8469), a distance of 0.08 miles Recordation Reference: Plat Book 274, Page 13 Right of Way width (feet) = 55 • Chalet Court, State Route Number 8467 From: Forge Gate Lane, (Route 8324) To: The cul-de-sac, a distance of 0.09 miles Recordation Reference: Plat Book 274, Page 13 Right of Way width (feet) = 50 • Sayley Drive, State Route Number 8468 From: Forge Gate Lane, (Route 8324) To: Turquoise Drive, (Route 8181), a distance of 0.13 miles Recordation Reference: Plat Book 274, Page 13 Right of Way width (feet) = 50 23-94 2/22/2023 • Sayley Drive, State Route Number 8468 From: Turquoise Drive, (Route 8181) To: The cul-de-sac, a distance of 0.14 miles Recordation Reference: Plat Book 274, Page 13 Right of Way width (feet) = 40 • Clawton Court, State Route Number 8469 From: Forge Gate Lane, (Route 8324) To: The cul-de-sac, a distance of 0.04 miles Recordation Reference: Plat Book 274, Page 13 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on a plat recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia, and the Department’s Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Cambria Cove Section 7 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Cambria Cove Boulevard, State Route Number 7568 From: 0.02 miles west of Knighton Circle, (Route 8039) To: The cul-de-sac, a distance of 0.27 miles Recordation Reference: Plat Book 272, Page 93-99 Right of Way width (feet) = 47 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, 23-95 2/22/2023 pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia, and the Department’s Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Palisades Cove at Magnolia Green Section 1 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Streets Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Palisades Avenue, State Route Number 8478 From: Magnolia Green Parkway, (Route 7692) To: Palisades Court, (Route 8480), a distance of 0.06 miles Recordation Reference: Plat Book 291, Page 10 Right of Way width (feet) = 47 • Palisades Ridge, State Route Number 8479 From: Palisades Avenue, (Route 8478) To: The end-of-maintenance, a distance of 0.03 miles Recordation Reference: Plat Book 291, Page 10 Right of Way width (feet) = 47 • Palisades Court, State Route Number 8480 From: Palisades Avenue, (Route 8478) To: The cul-de-sac, a distance of 0.15 miles Recordation Reference: Plat Book 291, Page 10 Right of Way width (feet) = 47 Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.11. SET PUBLIC HEARING 12.B.11.a. TO APPROVE A LICENSE AGREEMENT WITH EVENTMAKERS USA On motion of Mr. Ingle, seconded by Mr. Holland, set March 8, 2023, as the date to hold a public hearing to consider a license agreement with EventMakers USA to hold outdoor concerts at River City Sportsplex beginning after May 15, 2023 and ending before November 1, 2023. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.11.b. TO CONSIDER CODE AMENDMENT RELATIVE TO THE EXTENSION OF PUBLIC ROADS IN AN AGRICULTURAL DISTRICT On motion of Mr. Ingle, seconded by Mr. Holland, the Board set March 8, 2023, as the date to hold a public hearing to consider code amendment relative to the extension of public roads in an Agricultural District. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-96 2/22/2023 12.B.11.c. TO CONSIDER CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR A 15’ AND VARIABLE WIDTH UNDERGROUND AND OVERHEAD EASEMENT ACROSS HOPKINS ROAD ELEMENTARY SCHOOL On motion of Mr. Ingle, seconded by Mr. Holland, the Board set March 8, 2023, as the date to hold a public hearing to consider the conveyance of a 15' and variable width underground and overhead easement to Virginia Electric and Power Company across Hopkins Road Elementary School. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.11.d. TO CONSIDER CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR A 15’ UNDERGROUND EASEMENT ACROSS MOSELEY ELEMENTARY SCHOOL On motion of Mr. Ingle, seconded by Mr. Holland, the Board set March 8, 2023, as the date to hold a public hearing to consider conveyance of an easement to Virginia Electric and Power Company for a 15’ underground easement across Moseley Elementary School. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Charlotte Carter addressed the Board relative to various issues involving the county’s Police Department. Mr. William Hudson addressed the Board relative to individuals riding dirt bikes recklessly in his neighborhood and on the roadways. 14. DEFERRED ITEMS FROM PREVIOUS MEETINGS There were no deferred items from previous meetings. 15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA 22SN0026 In Clover Hill Magisterial District, Deerhill Employment Facility is a request for rezoning from Light Industrial (I- 1) to General Industrial (I-2) with a conditional use to permit outside storage plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 13.48 acres known as 11900 Deerhill Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Industrial and Corporate Office/Research & Development/Light Industrial uses. Tax ID 739-686-2750. 23-97 2/22/2023 Ms. Hall introduced Case 22SN0026. She stated the district supervisor is requesting a deferral until the Board’s regularly scheduled March 22, 2023, meeting. Mr. recused himself due to a conflict of interest. Mr. Carroll called for public comment on the deferral. There being no one to speak to the deferral, the public hearing was closed. On motion of Mr. Winslow, seconded by Dr. Miller, the Board deferred Case 22SN0026 until the March 22, 2023, regularly scheduled meeting. Ayes: Carroll, Winslow, Holland and Miller. Nays: None. Ms. Sara Hall stated for each case on the consent agenda, staff has received written confirmation from the applicants that they agree with the conditions being imposed and all proffers are offered in compliance with state law. 22SN0003 In Clover Hill Magisterial District, Embrey RV is a request for conditional use to permit storage of a recreational vehicle outside the rear yard and amendment of zoning district map in a Residential (R-12) District on 0.28 acre known as 11612 Altimira Lane. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax ID 741-678-7466. Ms. Hall introduced Case 22SN0003. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Carroll, the Board approved Case 22SN0003, subject to the following conditions: 1. Non-Transferable Ownership. This conditional use approval shall be granted exclusively to Melissa Embrey and shall not be transferable nor run with the land. (P) 2. Use. This conditional use approval shall be for the parking of one (1) recreational vehicle no greater than thirty-two (32) feet in length. (P) 3. Location of recreational vehicle. The recreational vehicle shall be parked within the side yard no less than five (5) feet from the side property line. No part of the vehicle may be closer than twelve (12) feet to the front plane of the house. (P) 23-98 2/22/2023 4. Screening. Existing fencing and entryway gates on the property shall not be removed. The westernmost entryway gates shall be left in the open position, swung outwards. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0019 In Bermuda Magisterial District, Gwynn Avenue Existing Multifamily Uses is a request to rezone from Community Business (C-3) and General Business (C-5) to Community Business (C-3) with conditional use to permit multifamily uses plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 1.65 acres known as 2560 Gwynn Avenue. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID 791-681-3013. Ms. Hall introduced Case 22SN0019. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Dr. Miller, the Board approved Case 22SN0019, subject to the following conditions: 1. Uses Permitted. The Property shall be limited to the following uses: a. Uses permitted by-right or with restrictions in the Neighborhood Business (C-2) District; and b. Multifamily dwellings, with the following restrictions: i. A maximum of three (3) detached dwellings shall be permitted on the Property. These dwellings shall be located on the Property, as shown Exhibit A, titled “Boundary Survey of Property Situated at 2564 Gwynn Avenue”, and dated December 14, 2022. ii. Any new additions to the existing dwellings shall meet the setback requirements for a dwelling located in a Residential (R-7) District. No addition shall physically connect (such as a shared wall or breezeway) to any other existing dwelling on the Property. iii. The existing accessory buildings, as shown on Exhibit A, shall be permitted in their respective location. Any new accessory buildings or additions to the existing accessory buildings on the Property for the 23-99 2/22/2023 detached dwellings shall meet the accessory setback requirements for an accessory structure located in a Residential (R-7) District using the standard for lots recorded after 12/11/1945 (Referenced in Exhibit B). iv. If the Property is redeveloped for non- residential uses, multifamily residential uses shall not be permitted. (P) 2. Development Standards for Multifamily Dwellings. The following exceptions to development standards shall apply to the multifamily use on the property: a. Buffers. No buffers shall be required when adjacent to residential zoning districts. b. Surface Parking Treatment. Parking surfaces for multifamily dwellings may use natural/grass/gravel surface treatments. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0036 In Midlothian Magisterial District, Westfield Rezoning is a request to rezone from Residential (R-7) District to Residential Townhouse (R-TH) District plus conditional use planned development to permit exceptions to ordinance requirements and/or development standards and amendment of zoning district map in a Residential (R-7) District on 2.37 acres fronting approximately 220 feet along the south line of Westfield Road beginning 115 feet east of Ryanwood Court. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Medium-High Density Residential use (Minimum of 4 to 8 dwellings per acre). Tax ID 726-709-3361. Ms. Hall introduced Case 22SN0036. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Dr. Miller, seconded by Mr. Holland, the Board approved Case 22SN0036, subject to the following proffered conditions: The applicant hereby offers the following: 1. Master Plan. The Master Plan for the Property shall consist of the following: a. The Textual Statement last revised January 24, 2023. b. The site shall be designed in general conformance with the concept plan entitled “Schematic Layout 23-100 2/22/2023 Plan” (Exhibit A) prepared by Matt Shrader, Architect, last revised January 24, 2023. The layout on the Conceptual Plan is schematic in nature and may vary based on final soil studies, lot, and road design, building footprints and other engineering reasons. If adjustments are deemed to be significant, the Conceptual Plan shall be presented to the Planning Commission for final approval. c. Schematic Elevations, Exhibit B, last revised July 14, 2022. (P) 2. Utilities. Public water and wastewater systems shall be used. (U) 3. Road Cash Proffer. a. The applicant, sub-divider, or assignee(s) shall pay $5,922 for each residential townhouse unit to the County of Chesterfield for road improvements within the service district for the property. b. Each payment shall be made prior to the issuance of a certificate of occupancy for a dwelling unit. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner determined by the County. c. At the option of the Transportation Department, cash proffer payments may be reduced for the cost of road improvements provided by the applicant, sub-divider, or assignee(s), as determined by the Transportation Department. (T) 4. Dedication. The following rights-of-way on the Property shall be dedicated, free and unrestricted, to Chesterfield County prior to any construction plan approval, in conjunction with the recordation of the initial subdivision plat, or within sixty (60) days of written request by the Transportation Department, whichever occurs first. a. Minimum sixty (60) foot wide right-of-way for the East/West Local Road (the “Winterview Parkway”) from the existing terminus through the Property to the eastern adjacent Property, as generally shown on Exhibit A. b. Minimum thirty (30) feet of right-of-way, on the south side of Westfield Road, measured from the centerline of that part of Westfield Road immediately adjacent to the Property. (T) 5. Road Improvements. Prior to issuance of an occupancy permit on the Property, the developer shall be responsible for the following road improvements. The exact design and length of the improvements shall be approved by the Transportation Department: 23-101 2/22/2023 a. Construction of two lanes of the East/West Local Road (“Winterview Parkway”), to VDOT Urban Local Road standards, with modifications approved by the Transportation Department, from the existing terminus to the eastern property line. b. Construction of VDOT standard sidewalks along the property frontage to Westfield Road and Winterview Parkway. c. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) 6. Environmental Engineering. No impervious areas shall sheet flow through the Alexandria Station subdivision. (EE) 7. Project Design Elements. a. Minimum 42-inch concrete front walks shall be provided to the front entrance of each dwelling unit, except for the accessory dwelling units, to connect to drives, sidewalks, open space, or street, as generally shown on Exhibit A. b. Where provided, driveways shall be brushed concrete, stamped concrete, exposed aggregate concrete, decorative pavers, or asphalt. Gravel driveways shall not be permitted. c. Cluster mailboxes shall be of a consistent design and color throughout the development. The boxes and posts shall be made of low maintenance material, as approved by the planning department at the time of plan review. d. Foundation planting is required along the entire front façade of all units and shall extend along all sides facing a street. Foundation Planting Beds shall be a minimum of four (4) feet wide from the unit foundation. Planting beds shall include medium shrubs, spaced a maximum of four (4) feet apart. The plant materials used should visually soften the unit corners and complement the architecture of the home at their mature sizes. Planting bed deviations may be approved by the Planning Department at time of plans review due to unique design circumstances. e. Heating, Ventilation and Air Conditioning (HVAC) Units and House Generator. Units shall be screened from view by landscaping or low maintenance material. (P) 8. Architecture and Materials. a. All buildings shall have exterior wall surfaces constructed of brick, stone or cultured stone, and cementitious siding, exclusive of windows, doors, cornices, and accent treatments, or other comparable or better materials as approved by the Director of Planning. Vinyl and E.F.I.S siding shall be 23-102 2/22/2023 prohibited. Other materials, as noted in the Midlothian Community Special Area Plan, may be used for trim, architectural decorations, or design elements provided they blend with the architecture of the dwelling unit. b. If the dwelling unit is constructed on a slab, brick or stone shall be employed around the base of the dwelling a minimum eighteen (18) inches above grade as to give the appearance of a foundation. Front façade porches shall have a minimum finished floor elevation of not less than 15 inches above grade at the front “build-to” line. All exposed piers supporting front porches of each townhouse unit shall be faced with brick or stone veneer. c. Roof lines for each townhouse unit shall vary from adjoining, connected dwellings. Roofing materials shall be standing seam metal or dimensional architectural shingles or better with a minimum 30- year warranty. d. Townhouse units with the same elevation may not be located adjoining to one another, not including the same style (i.e., Craftsman, Farmhouse, etc.) and color palette. (P) 9. Maintenance of Building Exteriors and Common Areas. In addition to other responsibilities outlined in recorded Homeowner’s Association documents, the homeowner’s association shall be responsible for the maintenance of common areas including the recreational amenities and landscaping (common area and townhome yard), and the periodic power washing of the exterior of all dwellings. (P) 10. Common Area. A minimum 0.30 acre shall be provided within this property as common area. This area shall be designed to include hardscape, softscape, and other amenities that accommodate and facilitate pedestrian friendly gatherings. Hardscape elements may include, but are not limited to, decorative paving units, benches, pathways, water features, up lighting, bird feeders, and bike racks. Softscape elements may include, but are not limited to, sod, bushes, trees, perennials, annuals, community garden, grass, and flower boxes. In addition to these passive amenities, part of any common area or open space, including the stormwater management area, may act as open, unstructured but maintained grass areas for recreational play. (P) 11. Alley Access. All units shall be served by an alley, as generally shown on the Concept Plan, unless otherwise approved by the Planning Director at the time of plan review. (P) 12. Stormwater Management Area. The Stormwater Management Area, if underground detention is used, shall have benches as generally shown on the Schematic Layout Plan to serve residents. Landscaping shall be provided and maintained in this area and the developer/owner may include additional amenities as described in Proffered Condition 10. A landscape plan shall be reviewed and approved by 23-103 2/22/2023 the Departments of Planning and Environmental Engineering at time of plans review with respect to the exact numbers, spacing, arrangement and species of plantings. (EE) 13. Landscaping. Within a minimum fifteen (15) foot wide area adjacent to Alexandria Station subdivision, as generally shown on Exhibit A, small deciduous trees, evergreen trees, shrubs, or a combination thereof, shall be preserved and/or installed. To the extent possible per final engineering, existing vegetation shall be preserved in this location. Exact location, size, species, and amount of existing vegetation to remain, shall be reviewed and approved during plans review. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0069 In the Matoaca Magisterial District, Green Acres at Beach Road is a request to amend zoning approval (Case 06SN0335) relative to cash proffers and amendment of zoning district map in Residential (R-25) District on 304.75 acres fronting approximately 1,478 feet along the north line of Beach Road at the intersection with Second Branch Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use. Tax ID 734-658-8633; 736-655- 5340;737-652-3153, 4169. Ms. Hall introduced Case 22SN0069. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. Mr. Richard Moyer inquired about the specifics of the case. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Mr. Winslow, the Board approved Case 22SN0069, subject to the following proffered conditions: With the approval of this request, Proffered Condition 1 of Case 06SN0335 shall be amended as outlined below. 1. Road Cash Proffers. For each dwelling unit, the applicant, sub-divider, or assignee(s) shall pay $9,400 to the County of Chesterfield for road improvements within the service district for the property. Each payment shall be made prior to the issuance of a certificate of occupancy for a dwelling unit unless state law modifies the timing of the payment. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (B&M) The applicant hereby offers the following proffers: 2. Utilities. Public water shall be used. (P) 23-104 2/22/2023 3. Architectural Design Standards. The property shall be developed in accordance with the following Architectural/Design Elements, which are considered minimum standards. a. Style and Form: i. Architectural Styles. The Architectural styles shall use forms and elements compatible with those in the Highlands Subdivision in Chesterfield County, Virginia. Each dwelling constructed on the property shall include at least two (2) of the following architectural features: masonry watertables, decorative lintels, soldier courses with keystones, cornices, columns, balconies, dentil mouldings, or front doorways with sidelights and/or transoms. ii. Variation in Front Elevations. The following restrictions are designed to maximize architectural variety of the houses. 1. Buildings with the same front elevation may not be located adjacent to, directly across from, or diagonally across the street from each other on the same street. 2. Variation in the front elevation to address the paragraph above may not be achieved by simply mirroring the façade but may be accomplished by providing at least two (2) of the following architectural changes: a. Providing different materials and/or siding types on at least 50% of the elevation b. Providing a different roof type/roof line. c. Alternating the color themes with respect to siding, doors, and trim. b. Exterior Facades. Acceptable siding materials shall include: brick, stone, stucco, synthetic stucco (E.I.F.S.), or horizontal lap siding. Horizontal lap siding may be manufactured from natural wood or cement fiber board or may be premium quality vinyl siding with a minimum wall thickness of 0.044 inches. Synthetic Stucco (E.I.F.S.) siding shall be finished in a smooth, sand, or level texture, no rough textures are permitted. Dutch lap vinyl is prohibited. c. Foundations. All exposed foundations shall be constructed of brick, stone, or a combination thereof. d. Roof Materials. Roofing material shall be dimensional architectural shingles or standing seam metal with a minimum 30-year warranty. All flashing shall be copper or pre-finished aluminum (bronze or black). e. Porches and Stoops i. Front porches. All front entry stoops and front porches shall be covered and constructed with either a continuous foundation wall or by masonry piers and lattice screening. If a continuous foundation wall is used to support a front entry stoop or front porch, the foundation wall shall be constructed of the same foundation material as is used on the remainder of the 23-105 2/22/2023 house (e.g., brick, stone, a combination of brick and stone, stucco, or synthetic stucco (E.I.F.S.)). Front porches shall be a minimum of five (5)’ deep. Handrails and railings shall be finished wood or metal railing with vertical pickets, stainless steel cables, swan balusters, or better. Pickets shall be supported on top and bottom rails that span between columns. There shall be no unpainted vertical surfaces on decks, porches and stoops on the front or sides of the house. f. Fireplaces, Chimneys, and Flues. i. Chimneys. Sided chimneys are only permitted on roof planes or facades and must have masonry foundations. Cantilevered chimneys are not permitted. The width and depth of chimneys shall be appropriately sized in proportion to the size and height of the dwelling unit. For gas fireplaces, metal flues may be used on the roof. ii. Direct vent fireplaces. Direct vent gas fireplace boxes that protrude beyond the exterior plane of the dwelling unit are not permitted on front facades. All the exterior materials and finishes used to enclose the fireplace box must match the adjacent façade. g. Driveways/Front Walks i. Private driveways. All private driveways serving residential uses shall be hardscaped. Hardscaping shall be constructed of either asphalt, brushed concrete, stamped concrete, exposed aggregate concrete, or decorative pavers. Private driveways shall not require curb and gutter. ii. Front Walks. Front walks shall be provided to the front entrance of each dwelling unit. Front walks shall be hardscaped. Hardscaping shall be constructed of either brushed concrete, stamped concrete, exposed aggregate concrete, or decorative pavers. Front walks shall be a minimum of three (3) feet wide. h. Garages i. All units shall have, at a minimum, an attached two-car garage. ii. Both front-loaded and corner side-loaded garages shall use an upgraded garage door. An upgraded garage door is any door with a minimum of two (2) enhanced features. Enhanced features shall include windows, raised panels, decorative panels, arches, hinge straps, or other architectural features on the exterior that enhance the entry (i.e. decorative lintels, shed roof overhangs, arches, columns, keystones, eyebrows, etc.). Flat panel garage doors are prohibited. iii. Front-loaded and corner side-loaded garages shall not extend pas the front line of the main dwelling. i. Landscaping and Yards i. Front Foundation Planting Bed. Foundation planting is required along the entire front façade of all units, and shall extend along all sides facing a street. Foundation planting beds 23-106 2/22/2023 shall be a minimum of four (4) feet wide from the dwelling unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shrubs, spaced a maximum of four feet apart, and planting beds may include spreading groundcovers. Unit corners shall be visually softened with vertical accent shrubs (four to five feet in height) or small evergreen trees (six to eight feet in height) at the time of planting. ii. Front yard tree. One (1) tree per lot shall be planted or retained. A tree shall be planted or retained on both street frontages on corner lots. The front tree shall be a large deciduous tree and have a minimum caliper of two and one- half (2.5) inches. Native trees shall be permitted to have a minimum caliper of two (2) inches. (P) 4. Heating, Ventilation, and Air Conditioning (HVAC) Units and House Generators. Units shall initially be screened from view of public roads by landscaping or low maintenance material, as approved by the Planning Department. (P) Staff Note: All other proffers and conditions of Cases 89SN0357 and 06SN0355 remain in effect with this approval. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0123 In Midlothian Magisterial District, Patel Two Family Dwelling is a request for conditional use to permit a two-family dwelling and amendment of zoning district map in a Residential (R-40) District on 0.92 acre known as 11407 Pinifer Park Court. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Low Density Residential use (Maximum of 1 dwelling per acre). Tax ID 742-720-0355. Ms. Hall introduced Case 22SN0123. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Dr. Miller, seconded by Mr. Holland, the Board approved Case 22SN0123, subject to the following condition: 1. Occupancy Limitations. Occupancy of the second dwelling unit shall be limited to the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, personal guests, and household employees. (P) 23-107 2/22/2023 2. Deed Restriction. For the purpose of providing record notice, prior to the issuance of a certificate of occupancy for the second dwelling unit, a deed restriction shall be recorded setting forth the limitation in Condition 1. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0127 In Clover Hill Magisterial District, Stigall Way Rezoning for an Existing Dwelling is a request to rezone from Corporate Office (O-2) to Residential (R-12) and amendment of zoning district map on 2 acres known as 11023 Stigall Way. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office use. Tax ID 744-683-3814. Ms. Hall introduced Case 22SN0127. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Ingle, the Board approved Case 22SN0127, subject to the following proffered condition: 1. Further Subdivision of Property. No further subdivision of the Property shall be permitted. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0139 In Matoaca Magisterial District, Residence Inn & Suites Brandermill Buffer and Setback Reduction is a request for amendment of zoning approval (Case 02SN0106) to modify development standards plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in Regional Business (C-4) District on 2.2 acres known as 5249 Commonwealth Centre Parkway. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed use. Tax ID 736-676-2351. Ms. Hall introduced Case 22SN0139. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. 23-108 2/22/2023 There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Mr. Winslow, the Board approved Case 22SN0139, subject to the following proffered conditions: With the approval of this request, Proffered Condition 2 of Case 02SN0106 shall be amended as outlined below. All other conditions of Cases 02SN0106 and 98SN0137 shall remain in force and effect. 1. Case 02SN0106. Proffered Condition 2 of Case 02SN0106 is hereby amended to reduce the buffer to ten (10) feet for the area of the Property adjacent to Tax ID 736676706800000. The ten (10) foot buffer shall conform to the requirements of the Zoning Ordinance for 1.5 times the density of Perimeter Landscaping C. (P) 2. Master Plan. The Textual Statement dated January 4, 2023, shall be considered the Master Plan. (P) 3. Utilities. Public water and wastewater system shall be used. (U) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0140 In Matoaca Magisterial District, Trotter Family Day Care Home is a request for conditional use to permit a family day care home for up to 12 children and amendment of zoning district map in a Residential (R-7) District on 0.16 acre known as 21016 Orange Hill Avenue. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for High Density Residential use (Minimum of 8 to 12 dwellings per acre). Tax ID 795-611-4933. Ms. Hall introduced Case 22SN0140. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Dr. Miller, the Board approved Case 22SN0140, subject to the following conditions: 1. Non-Transferable Ownership. This conditional use approval shall be granted to and for Wannetta T. Trotter, exclusively, and shall not be transferable nor run with the land. (P) 2. Expansion of Use. There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 23-109 2/22/2023 3. Signage. There shall be no signs permitted to identify this use. (P) 4. Number of Children. This conditional use approval shall be limited to providing care, protection and guidance to a maximum of twelve (12) children, other than the applicant’s own children, at any one time. (P) 5. Days of Operation. This conditional use shall be permitted to operate seven (7) days a week. (P) 6. Pick-up and Drop-off of Children. Pick-up and drop-off shall be between the hours of 6 a.m. to 7 p.m. (P) 7. Evening and Overnight Care of Children. A maximum of three (3) children may be cared for in the evening and overnight hours (7 p.m. to 6 a.m.). (P) 8. Fenced Outdoor Play Areas. Any outdoor play area and/or recreational equipment utilized by the family day-care home shall be located in the side or rear yard of the property. Outdoor play and/or recreational equipment areas shall have perimeter fencing of at least four feet in height, installed around the equipment or play area. Equipment for outdoor play areas shall be located no closer than fifteen (15) feet to the side or rear property lines. (P) 9. Employees. No more than three (3) employees shall be permitted to work on the premises, other than family member employees that live on the premises. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0146 In Bermuda Magisterial District, Meadowville Landing Amendment is a request for amendment of zoning approval (Case 17SN0598) relative to development standards (building material) and amendment of zoning district map in Agricultural (A), Residential (R-12), Residential (R-25) and General Industrial (I-2) Districts on 155.51 acres consisting of 198 lots in the Meadowville Landing Subdivision. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office/Research & Development/Light Industrial and Low Density Residential uses (Maximum of 1 dwelling per acre). Tax IDs 820- 662-6301; 822-661-3043; 822-662-6625, 8838; 823-660-1465, 2793, 8580, 8892; 823-661-0310, 0653, 2779, 3490, 5194, 5418, 6422, 7226, 7971, 8130, 8701, 8711, 8934; 823-662-5888, 8124; 824-660-0191, 0279, 2079, 2390, 3689, 3778, 3898, 5677, 5796, 5887, 7187, 7276, 7296; 824-661-0060, 0200, 0309, 1492, 1627, 2018, 2833, 2953, 3225, 3807, 3817, 4642, 4661, 5034, 5268, 5526, 5776, 5805, 5849, 6341, 6833, 6993, 7263, 7305, 7314, 7324, 8171, 8257, 8548, 8878, 8939, 9314, 9424; 824-662-1480, 2105, 2686, 5402, 6212, 7218, 7901, 8624, 8905; 824-663-2711, 4117, 7331; 825-660-1080, 2983; 4092, 7676; 825-661-0282, 0767, 0985, 1142, 1154, 2090, 2372, 2641, 2718, 2955, 3535, 3698, 3889, 4080, 4231, 4271, 4445, 4553, 4562, 4803, 5816, 6194, 6326, 6385, 6577, 6636, 6767, 6846, 6857, 8698, 8986, 9662; 825-662-1231, 1508, 2433, 3207, 3217, 3935, 5222, 5237, 23-110 2/22/2023 5713, 5903, 7544, 7732, 7891, 8021, 8871, 9097, 9259, 9647, 9936; 825-663-0139, 7439, 826-661-1289, 1578, 1765, 2353, 3142, 3932, 3995, 4182, 4369, 5058, 5942, 6396, 6950, 7526, 8010, 8057, 8574, 9032, 9313, 9459; 826-662-0224, 0613, 0901, 1861, 2250, 2638, 3220, 3607, 4146, 4915, 5640, 5899, 6310, 6832, 7721, 7901, 9104; 826-663-1603, 3002, 4301; 827-660- 0488, 4192, 8997; 827-661-0514, 0632, 1063, 1739, 1855, 8689, 9072, 9158, 9323; 827-662-0305, 1678, 2570, 3462, 4253, 5044, 6035, 7022, and 7806. Ms. Hall introduced Case 22SN0146. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. Ms. Renee Eldred inquired about the specifics of the matter. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Mr. Holland, the Board approved Case 22SN0146, subject to the following proffered conditions: Case 17SN0598 is amended by modifying Proffered Condition 4.B to read as follows: Exterior Façades. Acceptable siding materials for exterior façades shall include brick, stone, masonry, stucco, synthetic stucco (E.I.F.S.), or horizontal lap siding. Horizontal lap siding may be manufactured from natural wood or cement fiberboard or may be premium quality vinyl siding with a minimum wall thickness of .042 inches. Synthetic Stucco (E.I.F.S.) siding shall be finished in a smooth, sand, or level texture, no rough textures are permitted. (P) Staff Note: All other conditions for Case 17SN0598 shall still apply and are included in this report. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0064 In Bermuda Magisterial District, Mendoza RV is a request for conditional use to permit parking of a recreational vehicle outside the rear yard and amendment of zoning district map in a Residential (R-12) District on 0.3 acre known as 4612 Finney Court. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax ID 790-640-4021. Mr. Jenkins introduced Case 22SN0064. He stated the applicant is requesting conditional use to park a recreational vehicle outside of a rear yard in a Residential District. He noted both the Planning Commission and staff recommended denial of the request because the applicant has not demonstrated that they can adhere to the ordinance parking requirements. 23-111 2/22/2023 The applicant was not present. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Mr. Winslow, the Board deferred Case 22SN0064 until their March 22, 2023, regularly scheduled meeting. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 16. PUBLIC HEARINGS 16.A. TO ADOPT AN ORDINANCE TO VACATE A PORTION OF A 12’ ALLEY, A PORTION OF LOT 7, AND LOTS 8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23 AND PORTIONS OF OPEN SPACE, BLOCK A, WITHIN MAP OF A PART OF THE VILLAGE OF BENSLEY Mr. Sasek stated this date and time has been advertised for the Board to adopt an ordinance to vacate a portion of a 12’ alley, a portion of Lot 7, and lots 8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23 and portions of open space, block a, within map of a part of the Village of Bensley. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Mr. Winslow, the Board adopted the following ordinance to vacate a portion of a 12’ alley, a portion of Lot 7, and Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and portions of Open Space, Block A, within Map of a part of The Village of Bensley: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA ("GRANTOR") vacates to BEN UNDERWOOD and NANCY UNDERWOOD, husband and wife and to BEN UNDERWOOD, individual, or their successors and assigns ("GRANTEES") a portion of a 12’ Alley and a portion of Lot 7 and Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and portions of Open Space, Block A, Map of a part of the Village of Bensley, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office, Circuit Court, Chesterfield County, Virginia in Plat Book 3, at Pages 194 and 195. WHEREAS, Silvercore Land Development Consultants petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 12’ Alley and a portion of Lot 7 and Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and portions of Open Space, Block A, Map of a 23-112 2/22/2023 part of the Village of Bensley, BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 3, Pages 194 and 195, by Paul King, Civil Engineer, in May 1920. The alley and lots petitioned to be vacated are more fully described as follows: A portion of a 12’ Alley and a portion of Lot 7 and Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and portions of Open Space, Block A, Map of a part of the Village of Bensley, the location of which is more fully shown on a plat made by Meridian Planning Group, LLC (sheets 1-2), dated December 20, 2022, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the alley and lots sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid alley, lots and open spaces be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office, Circuit Court, Chesterfield County, Virginia pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portions of the plat vacated. This Ordinance shall vest fee simple title of the portions of alley hereby vacated in the adjoining lot owners and the lots and open spaces hereby vacated to the underlying landowners within Map of a part of The Village Of Bensley, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the GRANTOR and GRANTEES, or their successors in title. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 16.B. TO CONSIDER CONVEYANCE OF COUNTY OWNED RIGHTS OF WAY TO THE COMMONWEALTH OF VIRGINIA FOR THE ROUTE 1 TRAFFIC SIGNAL PROJECT Mr. Sasek stated this date and time has been advertised for the Board to consider conveyance of county owned rights of way 23-113 2/22/2023 to the Commonwealth of Virginia for the Route 1 Traffic Signal Project. Mr. Carroll called for public comment. Ms. Renee Eldred inquired about the historic marker adjacent to the property. There being no one else to speak to the issue, the public hearing was closed. Discussion ensued relative to the historic marker. On motion of Mr. Ingle, seconded by Dr. Miller, the Board approved the conveyance of 0.7867 total acres of county owned right of way along Route 1 to the Commonwealth of Virginia for Traffic Signal Improvements and authorize the Chairman of the Board of Supervisors and the County Administrator to execute the deed. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 16.C. TO CONSIDER CODE AMENDMENT RELATIVE TO POINT OF ROCKS Mr. Donohoe stated this date and time has been advertised for the Board to consider code amendment relative to Point of Rocks and to consider code amendment relative to Bellwood Estates Subdivision. He further stated the code amendment will affect 7.95 acres along Point of Rocks Road and will result in the existing residential dwellings on lots that are zoned C-3 becoming conforming uses. The attached amended code language reflects this change as well as the proposed changes associated with Agenda Item 17.D. (Bellwood Estates). There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Ingle, the Board adopted the following code amendment for Point of Rocks: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19.1-52.A and 19.1-53 OF THE ZONING ORDINANCE TO ADD “DWELLING, SINGLE FAMILY” AS A RESTRICTED USE WITHIN THE BELLWOOD ESTATES SUBDIVISION AND POINT OF ROCKS AREA BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19.1-52.A and 19.1-53 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: Chapter 19.1 ZONING OOO Sec. 19.1-52. Uses Generally. OOO 23-114 2/22/2023 Use P = Permitted by Right R and RS = Permitted with Restrictions A = Accessory C = Conditional Use S = Special Exception M = Manufactured Home Permit Zoning Districts R-7 thru 88 R-C R-TH R-MF MH-1 MH-2 MH-3 A O-1 O-2 C-1 C-2 C-3 C-4 C-5 I-1 I-2 I-3 Drug Store C R R(1) P P P P P R(3) R(3) R(3) Dry Cleaning Dry cleaning pick up, drop off, and coin operated C R(1) P P P P P R(3) R(3) R(3) Dry cleaning plant C R(2) P P P P Dwelling Dwelling for the owner/operator of a business on the property P P P P P P P C C C Dwelling, multiple- family P C R R R C C Dwelling, single family P P P R R R R R R R R OOO 23-115 2/22/2023 Sec. 19.1-53. Restricted Uses Listed as “R” or “RS”. Those uses listed as “R” or “RS” in Table 19.1-52.A. shall be permitted in the respective zoning districts provided that the restrictions as outlined below are met. If the restrictions cannot be met, the use may be allowed in the respective zoning district through either a Conditional Use or Special Exception, unless otherwise specified in this section. OOO Dwelling, single family O-1, O-2 Districts C-1, C-2, C-3, C-4, C-5, I-3 Districts: a. Use is located in the Matoaca Special Design District: i. in the Matoaca Special Design District; or ii. the Bellwood Estates subdivision, Section 1; as shown on the map below (the use shall be prohibited in all other I-3 zoned property); or iii. the C-3 zoned area along Point of Rocks Road west of Route 10 (East Hundred Road) as shown on the map below. 23-116 2/22/2023 b. Use is located on a lot having a minimum area of 7,000 square feet and a minimum lot width of 50 feet; and c. Dwelling complies with the setback and architectural treatment requirements. Such dwelling shall not be subject to the other requirements of the nonresidential district. OOO (2) That this ordinance shall become effective immediately after adoption. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 16.D. TO CONSIDER CODE AMENDMENT RELATIVE TO BELLWOOD ESTATES SUBDIVISION Mr. Carroll called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Mr. Holland, the Board adopted the following code amendment for Bellwood Estates: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19.1-52.A and 19.1-53 OF THE ZONING ORDINANCE TO ADD “DWELLING, SINGLE FAMILY” AS A RESTRICTED USE WITHIN THE BELLWOOD ESTATES SUBDIVISION AND POINT OF ROCKS AREA BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 23-117 2/22/2023 (1) That Sections 19.1-52.A and 19.1-53 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: Chapter 19.1 ZONING OOO Sec. 19.1-52. Uses Generally. OOO Use P = Permitted by Right R and RS = Permitted with Restrictions A = Accessory C = Conditional Use S = Special Exception M = Manufactured Home Permit Zoning Districts R-7 thru 88 R-C R-TH R-MF MH-1 MH-2 MH-3 A O-1 O-2 C-1 C-2 C-3 C-4 C-5 I-1 I-2 I-3 Drug Store C R R(1) P P P P P R(3) R(3) R(3) Dry Cleaning Dry cleaning pick up, drop off, and coin operated C R(1) P P P P P R(3) R(3) R(3) Dry cleaning plant C R(2) P P P P Dwelling Dwelling for the owner/operator of a business on the property P P P P P P P C C C Dwelling, multiple-family P C R R R C C Dwelling, single family P P P R R R R R R R R OOO 23-118 2/22/2023 Sec. 19.1-53. Restricted Uses Listed as “R” or “RS”. Those uses listed as “R” or “RS” in Table 19.1-52.A. shall be permitted in the respective zoning districts provided that the restrictions as outlined below are met. If the restrictions cannot be met, the use may be allowed in the respective zoning district through either a Conditional Use or Special Exception, unless otherwise specified in this section. OOO Dwelling, single family O-1, O-2 Districts C-1, C-2, C-3, C-4, C-5, I-3 Districts: d. Use is located in the Matoaca Special Design District: i. in the Matoaca Special Design District; or ii. the Bellwood Estates subdivision, Section 1; as shown on the map below (the use shall be prohibited in all other I-3 zoned property); or iii. the C-3 zoned area along Point of Rocks Road west of Route 10 (East Hundred Road) as shown on the map below. 23-119 2/22/2023 e. Use is located on a lot having a minimum area of 7,000 square feet and a minimum lot width of 50 feet; and f. Dwelling complies with the setback and architectural treatment requirements. Such dwelling shall not be subject to the other requirements of the nonresidential district. OOO (2) That this ordinance shall become effective immediately after adoption. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 17. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining manufactured home permits and zoning requests. 18. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 19. ADJOURNMENT On motion of Mr. Winslow, seconded by Mr. Ingle, the Board adjourned at 7:30 p.m. until March 8, 2023, at 2:00 p.m. for a work session to be held in Room 502. __________________________ ___________________________ Joseph P. Casey Kevin P. Carroll County Administrator Chairman