2017-11-15 MinutesBOARD OF SUPERVISORS
MINUTES
November 15, 2017
Supervisors in Attendance:
Ms. Dorothy A.--Jaeckle, Chair
Ms. Leslie A. T. Haley, Vice Chair
Mr. Christopher M. Winslow
Mr. James M. Holland
Mr. Stephen A. Elswick
Dr. Joseph P. Casey
County Administrator
Ms. Jaeckle called the meeting to order at 2:00 p.m.
1. APPROVAL OF MINUTES FOR OCTOBER 25, 2017
On motion of Mr. Winslow, seconded by Ms. Haley, the Board
approved the minutes of October 25, 2017, as submitted.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
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. EVERY DAY EXCELLENCE - ENVIRONMENTAL ENGINEERING
Dr. Casey recognized Mr. Jerry Duffy, Drainage
Superintendent, and Mr. John Belcher, Sign Fabricator, for
their significant role through the years in honoring fallen
soldiers, public safety personnel and veterans in the
community by naming streets and other land markers in their
honor.
Mr. Holland requested a list of additional names of fallen
soldiers who have not been recognized.
Ms. Jaeckle and Mr. Elswick commended the efforts of Mr.
Duffy and Mr. Belcher for their tremendous and impactful role
in honoring fallen soldiers and their families.
Dr. Casey recognized Mr. Matt Harris and members of the
Budget team for receiving the Distinguished Budget
Presentation Award from the Government Finance Officers
Association.
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3.B. SMART BEGINNINGS GREATER RICHMOND PRESENTATION
Ms. Gail Johnson, Chair of the Smart Beginnings board of
Directors, accompanied by Ms. Jacque Hale, Director of
Programs and Community Impact, reviewed the Regional Plan for
School Readiness, provided highlights of a partnership with
Chesterfield County and discussed the organization's work.
She stated Smart Beginnings Greater Richmond is a partnership
among public and private agencies, businesses, and
individuals serving the cities of Richmond .and Colonial
-Heights, as well as Chesterfield, Charles City, Goochland,
Hanover, Henrico, New Kent and Powhatan counties. She further
stated the partnership works to enhance the quality of early
childhood care and learning for young children, so they will
be well prepared to ultimately enter the workforce. She
stated Smart Beginnings and its regional partners recently
launched the Regional Plan for School Readiness 2017-2020.
She further stated the Regional Plan was developed through a
collaborative process that engaged more than 250 participants
from 110 public and private organizations across Greater
Richmond. In closing, she thanked the Board of Supervisors
for their continued support.
Mr. Holland commended the efforts of the organization and
their partnership with Chesterfield County. He stressed the
importance of enhancing and facilitating the quality of early
childhood initiatives.
In response to Mr. Winslow's. question, Ms. Hale stated
children born to parents out of wedlock are not on the short
list of indicators relative to childhood care and learning
urgency. She further stated 71 percent of children 0-5 years
had all parents in the workforce from all socioeconomic
ranges.
Mr. Elswick requested additional information relative to
resources for a startup Pre -Kindergarten program in Ettrick.
Discussion ensued relative to percentage of Kindergarten
students who were not promoted on time to third grade and
ways to identify some common factors and create innovative,
effective solutions to improve those specific rates.
3.C. COMMUNITY ENHANCEMENT DEPARTMENT OVERVIEW OF PROGRAMS
AND SERVICES
Mr. Kirk Turner, Director of Community Enhancement,
accompanied by Mr. Rich Billingsley, License Inspector, and
Mr. Carl Schlaudt, Revitalization Manager, provided an
overview to the Board of Supervisors relative to programs and
services of the Department of Community Enhancement. He
stated the mission of the department is to enhance, restore
and maintain the quality of the county's neighborhoods and
business communities through partnerships and coordination of
public and private efforts. He further stated the department
administers federal CDBG and HOME grants awarded to
Chesterfield; provides license inspection functions and
enforces unpaid county registration, personal property and
business taxes and fees; provides organization assistance to
business and residential communities, particularly those
without existing or active associations; participates in
Comprehensive Plan and zoning review project teams; and
performs compliant -based and pro -active property maintenance
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inspections. He stated each year the department collects data
about neighborhoods countywide, to access revitalization
needs, and to understand long-term trends about aging
neighborhoods. He further stated this data helps to focus on
property maintenance and federal grant efforts, and helps
with the application of the Road Cash Proffer Policy for
individual zoning cases. He stated the department identifies
a range of tools, policies and incentives to encourage
reinvestment in aging communities, which includes review of
best practices, benchmarking and creative thinking of how
various tools may best apply to circumstances in Chesterfield
County.
Mr. Winslow requested a copy of the fact sheet of the
statistics Mr. Turner provided during the presentation.
In response to Mr. Elswick's question, Mr. Schlaudt stated
the department has reviewed the draft -Future on the Committee
report; however, further discussion has not yet been
coordinated.
Mr. Elswick requested information relative to non-
governmental solutions versus governmental solutions.
Mr. Holland commended the benefits of redevelopment relative
to Stonebridge and its $70 million property assessment. He
also highly praised the efforts of Ms. Pam Cooper, Anti -
Litter Manager. He requested the department communicate with
homeowners' associations regarding the tax incentive for
rehabilitated structures.
In response to Ms. Jaeckle's question, Mr. Turner stated a
building is considered vacant if the structure/property is
unused,unattractive, unkept and is creating a problem in the
community. He further stated the status of unpaid property
taxes will also be a key focus for the department.
Discussion ensued relative to the number of zoning violations
used as a measurement during inspection operations .and the
reporting process.
3.D. CHESAPEAKE BAY TOTAL MAXIMUM DAILY LOAD (TMDL) UPDATE
Mr.. Scott Smedley, Director of Environmental Engineering,
provided an update to the Board of Supervisors regarding
potential policy changes to the Chesapeake Bay model that
could impact Chesapeake Bay TMDL nutrient allocations for the
state and county. In regard to the Chesapeake Bay Model 6, he
stated the Conowingo Dam, in Maryland, is no longer holding
back pollution in the Susquehanna River from entering the
Chesapeake Bay. He further stated there is a need to deal
with the sediment and dissolved phosphorous and nitrogen
pollution that erodes the health of the estuary. He then
reviewed the possible allocation of additional nutrient and
sediment load to the bay.
In response to Mr. Elswick's question, Mr. Smedley stated the
governor of Maryland is proposing a $5 million pilot dredging
project to deal with the pollution in the Susquehanna River.
In response.to Mr. Winslow's question, Mr. Smedley stated the
makeup of the sediment is coming -out of Pennsylvania and
upstate New York.
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Mr. Smedley continued his presentation by stating climate
change and sea level rise is also a main contributor to the
Chesapeake Bay Model 6. He further stated some effects, such
as rising seas, warming water temperatures and prolonged
periods of extreme weather affect the Bay. He then reviewed
Chesapeake Bay Model and planning targets.
In response to Mr. Winslow's question regarding Falling
Creek, Mr. Smedley stated the process of completing a U.S.
Army—Corps of Engineers wetlands permitting application is
underway, as well as a confirmation of wetlands and the land
easement acquisition.
In closing, Mr. Smedley reviewed the Stormwater Pollution
Prevention Marking Program.
Discussion ensued relative to preparing communication from
the Board of Supervisors with state/federal delegations, in
coordination with the region, regarding funding of the
Conowingo Dam TMDL issue,.
3.F. CHESTERFIELD COUNTY AND CHESTERFIELD COUNTY SCHOOLS
SUPPLEMENTAL RETIREMENT PLANS.UPDATE
Mr. Allan Carmody, Finance Director, presented information to
the Board of Supervisors relative to the Chesterfield County
Supplemental Retirement Plan and the Supplemental Retirement
Program for employees of Chesterfield County Schools. He
stated the plan is operating with the guidance of an
administration committee that met soon after the Board of
Supervisors amendment and restatement of the plan. He further
stated the committee has developed an annual work plan,
approved a short-term investment strategy, is scheduled to
act on a long-term investment strategy, and will be
entertaining other work items to ensure compliance with the
plan going forward. He noted ancillary to the committee's
work, two solicitations for consulting services are currently
in progress. He stated with respect to the plan financial
performance as of June 30, 2017, the position of the plan has
improved based on the results from the GASB 67 and 68 actuary
report. He further stated the FY2017 contribution to the
trust fund exceeded the actuarially determined contribution,
the net pension liability has declined, and the funded status
has improved. He noted these figures do not include the
additional $2 million contribution to the trust fund that was
set aside as a reserve in FY2017, as that payment is subject
to final report out of the county's annual financial audit.
He stated it is anticipated that the $2 million payment would
be made prior to the end of January 2018, and thus reported
with the FY2018 plan financials. He further stated other
elements required to be reported include: the financial
forecast for the plan; contributions to be made to the trust
fund; and comparison of forecasted plan performance to actual
plan performance. In closing, he stated during the transition
period between the old plan and the new plan, all the
required information was not yet available. He further stated
as the business cycle continues, additional information will
be made available to meet the intentions of preserving the
long-term viability of the plan.
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Mr. Holland requested using the same 6.5 percent discount
rate as the School division. He stressed the importance of a
proper and timely reporting structure relative to changes and
financial oversight procedures.
Mr. Winslow commended the committee for its reporting and
stressed the importance of net pension liability and net
investment income regarding the plan. He noted the plan is
being actively accomplished and operated.
Discussion ensued relative to the number of school employees
who will be electing the new Supplemental Retirement Plan.
In response to Mr. Holland's question, Mr. Carmody stated the
initial report Dr. James Lane, Superintendent, 'submitted
shows a year -over -year comparison; however, trend data could
be factored into the overall reporting structure.
4. REPORTS
There were no Reports at this time.
5. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Lorraine Waddill, representing the League of Women Voters
of the Richmond Metropolitan Area, urged the Board to extend
regular public transportation service from the city along
Jefferson Davis Highway to improve the quality of life for
the residents in,the area.
Mr. Holland noted his intent to address the issue and explore
future transportation solutions for the 'Jefferson Davis
corridor.
Ms. Valerie Fillgrove urged the.Board to consider the need
for public transportation along the Jefferson Davis Corridor
for county residents.
Ms. Virginia Cowles urged the Board of Supervisors to work
with GRTC to provide local service from the city limits to
John Tyler Community College.
6. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1), CODE
OF VIRGINIA, 1950', AS AMENDED, FOR DISCUSSION AND
CONSIDERATION OF PROSPECTIVE CANDIDATES FOR EMPLOYMENT
FOR THE POSITION OF CHIEF OF POLICE
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
went into closed session pursuant to Section 2.2 -3711(A)(1), -
Code of Virginia, 1950, as amended, for discussion and
consideration of prospective candidates for employment for
the position of Chief of Police.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
Reconvening:
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On motion of Mr. Winslow, seconded by Mr. Holland, the Board
certified that to the best of each Board members' knowledge
only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of
Information Act, and only such public business matters as
were identified in the motion by which the closed session was
convened, were heard, discussed or considered in the closed
session by the Board of Supervisors.
Mr. Winslow: Aye.
Mr. Elswick: Aye.
Ms. Haley: Aye.
Ms. Jaeckle: Aye.
Mr. Holland: Aye.
8. INVOCATION
The Honorable Leslie Haley, Vice Chair, gave the invocation.
9. PLEDGE OF ALLEGIANCE
Cub Scout Myles Soares, Pack 922, led the Pledge of
Allegiance to the Flag of the United States of America.
10. COUNTY ADMINISTRATION UPDATE
10.A. EVERY DAY EXCELLENCE - VACO GO GREEN PRESENTATION
Mr. Joe Lerch, Director of Local Government Policy, presented
a VACo Go Green award to the Board of Supervisors. He stated
the program is designed to encourage implementation of
specific policies and practical actions that reduce
emissions, and save local governments money. He noted this is
the ninth year VACo has participated in the program.
10.B. PRESENTATION OF COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR) BY EXTERNAL AUDITOR
Mr. Rob Churchman, Engagement Partner with Cherry Bekaert,
LLP, presented the county's CY2017 Comprehensive Annual
Financial Report to the Board of Supervisors and thanked the
county and schools for their participation in the audit
process.
Mr. Holland expressed his appreciation to Mr. Churchman for
his presentation.
Mr. Churchman recognized members of Accounting and Internal
Audit departments for the timely audit report.
10.D. JOHN TYLER COMMUNITY COLLEGE ANNUAL UPDATE
Dr. Ted Raspiller, president of John Tyler Community College,
accompanied 'by Ms. Elizabeth Creamer, Vice President of
Workforce Development and Credential Attainment, Community
College Workforce Alliance; Mr. Fred Taylor, Director of
Governmental and Administrative Services; and Ms. Holly
Walker, Public Relations Manager, provided an annual update
to the Board of Supervisors regarding the college's
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activities and accomplishments. He stated 61 percent of John
Tyler students live in Chesterfield County and 8,291
Chesterfield residents attended John Tyler in 2016-17.
Regarding dual enrollment, he stated 2,400 Chesterfield high
school students enrolled with 17,590 credit hours taken. He
further stated some course subjects include: biology, college
composition, engineering statistics, Cisco, architectural
drafting, database fundamentals and chemistry.
Regarding the Community College Workforce Alliance (CCWA),
Ms. Creamer stated CCWA focuses on workforce credentials
aligned with regional, in -demand jobs. She further stated
during the past year, CCWA produced more workforce
credentials than any other community college in Virginia. She
stated CCWA provides individualized training, custom-designed
training, consulting, skills assessments and other workforce
development services. She noted'over the past year nearly 400
people in Chesterfield participated in CCWA courses and 64
companies in Chesterfield were served.
Regarding supporting student success, Ms. Walker highlighted
recent program additions and ways to refine those programs.
She stated Tyler offers free tutoring; support services for
veterans, members of the military and their dependents;
opportunities to grow as leaders through the Student
Ambassador Program; and more than 20 student groups and
organizations.
Regarding John Tyler Chester campus renovations and
expansion, Mr. Taylor highlighted the $34 million
construction project to renovate Bird Hall and add a 24,5007
square -foot addition to the Nicholas Center to create a
Workforce -Development Center. He stated Bird Hall will
include new science, nursing and EMS labs and the Nicholas
Center will have conference and meeting space and a technical
skills lab. He noted the project is scheduled to be completed
in summer 2019.
In closing, Dr. Raspiller expressed his appreciation to the
-_Board of Supervisors for their ongoing partnership and
support.
Mr. Elswick noted the Nicholas Center was named in honor of
Dr. Freddie Nicholas, _former member of the Chesterfield
County Board of Supervisors.
In response to Mr. Winslow's question regarding gaps in the
workforce development, Dr. Raspiller stated John Tyler cannot
meet the nursing demands and skilled -trade specific training.
Mr. Holland stressed the importance of the two career and
technical centers in Chesterfield County and commended the
efforts of John Tyler for reducing textbook costs for
students.
In response to Ms. Jaeckle's questions, Dr'. Raspiller stated
the primary port of entry. for unemployed individuals is
through the Community College Workforce Alliance. He noted
there has been an addition of career coaches to help
individuals find a career beyond high school. He stated John
Tyler does not currently offer transportation for students.
In response to Mr. Holland's request, Dr. Raspiller stated he
would be in contact with county staff regarding a future
transportation network for the region.
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10.C. FORT LEE PRESENTATION
Colonel Sean Davis, Fort Lee, presented a resolution to the
Board of Supervisors and thanked them for their support of
the historic 100 -mile Centennial Run held on July 9, 2017.
Ms. Jaeckle expressed her appreciation to Colonel Davis for
the special recognition.
10.E. VIRGINIA STATE UNIVERSITY ANNUAL UPDATE
Dr. Makola Abdullah, president of Virginia State University',
provided an annual update to the Board of Supervisors
regarding the university's activities and accomplishments. He
provided VSU areas of focus which include providing a
quality, transformative experience for students;
strategically investing in academic programs; embracing the
role as a land grant institution; embracing the role as
Virginia's opportunity university; and maintaining fiscal
health. He then highlighted awards and areas of academic
excellence. Regarding the VSU current snapshot, he stated
current student enrollment is 4,712; auxiliary reserves were
increased to State Council of Higher Education for Virginia
suggested level; residence hall operations are matching
demand to available space; there is a decrease in leased
space and relocation of operations to campus; and overall
utility costs are lowered by 10 percent. In closing, he
reviewed the Petersburg Gateway Project and thanked the Board
of Supervisors for their continued support and partnership
with Virginia State University.
Mr. Elswick stated Ettrick Elementary School regained full
accreditation due in part to the tutors and mentors from
Virginia State University. He noted that he and Dr. Abdullah
took a tour with various county staff of parts of
Chesterfield County and recruiting areas.
Mr. Holland commended Dr. Abdullah for his tremendous and
noteworthy efforts.
10.F. OTHER COUNTY ADMINISTRATION UPDATES
Dr. Thomas Taylor, Chief Academic Officer from Chesterfield
County Public Schools, provided an accreditation update to
the Board of Supervisors. He stated student achievement in
Chesterfield County Public Schools continues to increase and
according to recent data, 100 percent of county schools are
fully accredited.
Mr. Elswick noted resources will remain available for
students'of Ettrick Elementary School.
In response to Mr. Elswick's remarks, Mr. Taylor stated
Chesterfield County has created a model worth emulating in
other parts of Virginia.
Mr. Holland noted the success of Falling Creek Middle School
through partnership with members of the faith community.
• Dr. Casey recognized the Internal. Audit Department for
receiving a 37year peer review of the department's work
from the Association of Local Government Auditors.
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Dr. James Worsley provided an update to the Board of
Supervisors relative to two awards presented to the Parks and
Recreation Department from the Virginia Recreation and Park
Society. He stated Ms. Karen Pusey, a volunteer with the
Miracle League of Richmond, was nominated by Chesterfield
Parks and Recreation and selected as a recipient of the
Distinguished Volunteer Service Award, and the Dodd Park
Trails Renovation was awarded the Best New Renovation/
Addition Award in the greater than 100,000 population
category. He' recognized Parks and Recreation staff in -
attendance.
11. BOARD MEMBER REPORTS
Mr. Winslow announced additional Cherry Tree plantings would
take place later this week in the median of Courthouse Road.
He expressed his appreciation to Transportation and Community
Enhancement staff, as well as Ms. Kim Conley, for their
efforts relative to the project.
,Ms. Jaeckle recognized Ms. Jenefer Hughes, Commissioner of
the Revenue elect, who was in attendance. She also announced
she was privileged to attend the 2017 VALOR Awards ceremony
-on November 8, along with Board of Supervisors members and
Dr. Casey. She stated members of Chesterfield Fire and EMS
receive 5 VALOR awards and a member of the Police Department
received the only Gold Award.
The VALOR award recipients are as follows:
Gold Valor Award
Chesterfield County Police Department: Officer First Class
Christopher Hodges
Silver Valor Award
Chesterfield County Fire and EMS: Capt. Stephen Smith,
firefighters Hunter Phillips and Terry Shaffer
Bronze Valor Award
Chesterfield Fire and EMS: Lt. Gray Smith, firefighter
Russell.Horne
Ms. Jaeckle also recognized Cub Scout Pack 922 of Bermuda
Hundred United Methodist Church, who were in attendance.
12. RESOLUTIONS
There were,no Resolutions at this time.
13. -NEW BUSINESS
13.A.
APPOINTMENTS
13.A.1. APPOMATTOX RIVER WATER AUTHORITY
On motion of 'Ms. Haley, seconded by Mr. Winslow, the Board
simultaneously nominated/reappointed, Dr. Joseph Casey and
alternate members Mr. William Dupler and Mr. George Hayes to
serve on the Appomattox River Water Authority, whose terms
are effective November 21, 2017, and will expire November 20,
2021.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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13.A.2. SOUTH CENTRAL WASTEWATER AUTHORITY
On motion of Ms. Haley,- seconded by Mr. Winslow, the Board
simultaneously nominated/reappointed Dr. Joseph Casey and
alternate members Mr. William Dupler and Mr. George Hayes to
serve on the - South Central Wastewater Authority, whose terms
are effective November 21, 2017, and expire November 20,
2021.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
Mr. Elswick noted six county employees are receiving their
retirement resolutions by way of consent this evening. He
stated those employees dedicated 155 years total in service
to Chesterfield County. He congratulated those individuals
and wished them well in retirement.
13.B. CONSENT ITEMS
13.B.1. ADOPTION OF RESOLUTIONS
13.B.1.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
13.B.1.a.1. ASSISTANT FIRE MARSHAL TODD C. STOUDT, FIRE AND
EMERGENCY MEDICAL SERVICES DEPARTMENT
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Assistant Fire Marshal Todd C. Stoudt retired
from the Chesterfield Fire and Emergency Medical Services
Department, Chesterfield County, on November 1, 2017; and
WHEREAS, Assistant Fire Marshal Stoudt began his career
with Chesterfield County on March 10, 1997, as a Plans Review
Engineer in the Fire Prevention Bureau of the department; and
WHEREAS, Assistant Fire Marshal Stoudt has positively
impacted fire safety for citizens and visitors of
Chesterfield County by ensuring commercial buildings are
constructed properly and safely, and fire protection systems
function properly as designed; and
WHEREAS, Assistant Fire Marshal Stoudt was assigned to
some of the most challenging construction projects in
Chesterfield County based on size and complexity which
required him to think outside the box in code enforcement;
and
WHEREAS, Assistant Fire Marshal Stoudt had extraordinary
knowledge and abilities that enhanced decision making for
various construction groups to effectively complete building
projects; and
WHEREAS, Assistant Fire Marshal Stoudt continued to seek
opportunities to engage firefighters on new construction
projects and fire protection systems in their district to
enhance firefighters' pre -plans and techniques of fire
protection systems for effective incident responses; and
WHEREAS, Assistant Fire Marshal Stoudt attended
additional training classes to achieve state certification as
a fire inspector and fire investigator; and
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WHEREAS, Assistant Fire Marshal Stoudt was selected as
the Chesterfield Fire and EMS Outstanding Civilian Employee
of the Year for 2016 for his dedication to protecting life
and property through effective code enforcement and education
of our members; and
WHEREAS, Assistant Fire Marshal Stoudt led by example
and faithfully followed the mission of Chesterfield Fire and
Emergency Medical Services, providing great service, and
conducing himself with pride and our organizational values. -
NOW; 'THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Assistant Fire Marshal Todd_ C. Stoudt, expresses the
appreciation of 'all citizens for his service to the county,
and extends their appreciation for his dedicated service and
congratulations upon his retirement.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
-13.B.1.a.2. ' FIREFIGHTER WALTER M. "MACK" TATUM, FIRE AND
EMERGENCY MEDICAL SERVICES DEPARTMENT
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Firefighter Walter M. "Mack" Tatum retired from
the Chesterfield Fire and Emergency Medical Services
Department, Chesterfield County, Virginia, on September 1,
2017; after serving 28 years of dedicated service; and
WHEREAS, Firefighter Tatum served as a volunteer
firefighter at the Bensley Fire and EMS Station from 1981 to
1988 prior to being hired as a career firefighter with
Chesterfield County in 1989; and
WHEREAS, Firefighter Tatum attended Recruit School #19
and had various assignments, including Engine and Truck 14 at
the Dutch Gap Fire and EMS Station, Engine 5 at the
Midlothian Fire and EMS Station, .Truck 2 at the Manchester
Fire and EMS Station, Truck 7 at the Clover Hill Fire and EMS
Station, Engine .10 at the Wagstaff Fire and EMS Station, and
Engine 16 at the Swift Creek Fire and EMS Station; and
WHEREAS, in 1997, while assigned to Truck 7 at the
Clover Hill Fire and EMS Station, Firefighter Tatum assisted
in teaching and training firefighters on truck company
operations, including the implementation of the first all -
steer type truck chassis; and
WHEREAS, Firefighter Tatum positively impacted numerous
lives performing his duties over the years, and was formally
recognized with a Unit Citation and Lifesave Award for his
actions on August 14, 2013, when he helped to rescue a
citizen from a structure fire and saved the individual's life
after extensive search and rescue efforts; and
WHEREAS, Firefighter Tatum was also recognized with a
Unit .Lifesave Award for his actions and extraordinary
teamwork on December 11, 2014, when he assisted in the rescue
of a citizen from a structure fire; and
WHEREAS, in 2015, Firefighter Tatum, was assigned to
Engine 16 at the Swift Creek Fire and EMS Station, where he
faithfully finished his rich career serving the department,
citizens, and visitors of Chesterfield -County.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Walter M. "Mack" Tatum, expresses the
appreciation of all citizens for his service to the county,
and extends appreciation for his dedicated service and
congratulations upon his retirement.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.B.1.a.3. MRS. JEANNE T. HARPER, HUMAN RESOURCES
DEPARTMENT
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Mrs. Jeanne T. Harper will retire from the
Chesterfield Human Resources Department, Chesterfield County,
on January 1, 2018, after faithfully serving the County of
Chesterfield and its citizens for 30 years in various
assignments; and
WHEREAS, Mrs. Harper began employment with Chesterfield
County in 1987 as an Administrative Assistant for Purchasing;
and
WHEREAS, Mrs. Harper's exemplary performance and service
moved her rapidly through the ranks, earning her a position
with Human Resources as an Administrative Supervisor, a
promotion to Administrative Manager, and a promotion to Chief
of Administrative Services; and
WHEREAS, Mrs. Harper has provided 20 years of dedicated
service to the Department of Human Resources; and
WHEREAS, Mrs. Harper successfully earned human resources
professional designations including her Senior Professional
in Human Resources (SPHR) certification in 2014 followed by
her Society for Human Resource Management (SHRM) Senior
Certified Professional certification in 2015; and
WHEREAS, Mrs. Harper was named as Human Resources'
Employee of the Year in 2011 due to her exemplary work
performance, dedication to the department, loyalty and
consideration for county employees, citizens and fellow
workers; and
WHEREAS, Mrs. Harper was a key contributor in Human
Resources,• and her solid leadership of administration for
Human Resources had a positive impact on the work
environment; and
WHEREAS, Mrs. Harper created and improved numerous
processes and procedures that positively impacted Human
Resources and the county; and
WHEREAS, more than anything else, Mrs. Harper has been a
committed and talented HR professional employee, loyal friend
to many, a loving mother and devoted wife, whose patience,
kindness and knowledge endures and leaves a legacy for us in
the county; and
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� l
WHEREAS, the Department of Human Resources is very happy
for Mrs. Harper and wishes her all the best during her
retirement.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Mrs. Jeanne T. Harper, expresses the appreciation of all
employees and citizens for her service -to the county and
extends appreciation for her dedicated service and
congratulations upon her retirement.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.B.1.a.4. MRS. ALTHEA F. CAMPBELL, DEPARTMENT OF GENERAL
SERVICES, BUILDINGS AND GROUNDS DIVISION
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Mrs. Althea F. Campbell was hired by the
Department of General Services on May 18, 1998, as a part-
time custodian in the Buildings and Grounds Division; and
WHEREAS, in June 2001, Mrs. Campbell was promoted to a
full-time custodian; and
WHEREAS, Mrs. Campbell demonstrated her commitment to
the county and contributed to a positive work environment;
and
WHEREAS, Mrs. Campbell performed her daily tasks
efficiently and promptly -completed customer requests; and
WHEREAS, Mrs. Campbell always displayed a positive
attitude and professional image when interacting with
customers; and
WHEREAS, Mrs. Campbell ,improved efficiency and
effectiveness in serving county citizens and employees; and
WHEREAS, Mrs. Campbell was instrumental- in utilizing
environmentally friendly housekeeping practices,, -and
WHEREAS, Mrs. Campbell provided quality service while
adhering to ethical'standards of behavior; and
WHEREAS, Mrs. Campbell supported the county's and
Department of General Services' goals, values and objectives
through teamwork and professionalism; and
WHEREAS, Mrs. Campbell will retire on December 1, 2017,
after providing over 19 years of service to the citizens of
Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Althea F. Campbell, expresses the
appreciation of all residents for her service to Chesterfield
County, and extends appreciation for her dedicated service to
the County and congratulations upon her retirement, as well
as best wishes for a long and happy retirement.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17-1259
11/15/17
13.B.1.a.5. SERGEANT WILLIAM C. "BILLY" GEORGE, POLICE
DEPARTMENT
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Sergeant William C. "Billy" George will retire
from the Chesterfield County Police Department on December 1,
2017, after providing nearly 35 years of outstanding quality
service to the residents of Chesterfield County; and
WHEREAS, Sergeant George has faithfully served the
county in the capacity of Patrol Officer, Detective,
Detective First Class, Senior Detective, Master Detective and
Sergeant; and
WHEREAS, during his tenure, Sergeant George also served
as Field Training Officer, Evidence Technician, Field
Training Sergeant and as a member of the Special Response
Unit and Marine Patrol; and
WHEREAS, Sergeant George received a Chief's Commendation
for the investigative skills, teamwork and professionalism he,
demonstrated in assisting in a double homicide investigation,
and due to his diligent efforts, all involved in the
homicides were arrested, brought to trial, and convicted of
their crimes; and
WHEREAS, Sergeant George received the National Service
Award for his two-week deployment to Mississippi to assist
fellow law enforcement officers and the citizens of
Mississippi while working under extreme conditions following
the devastation of Hurricane Katrina; and
WHEREAS, Sergeant George was recognized with the Mason
T. Chalkley Supervisory Concern for People Award for
continually demonstrating the highest degree of genuine
concern for his subordinates and their families, and also for
showing empathy and support to victims; and
WHEREAS, Sergeant George was consistently praised by his
supervisors for his use of strong mentoring skills and his
exceptional interpersonal and teamwork skills; and
WHEREAS, Sergeant George is recognized for his excellent
communications and human relations skills, his strong work
ethic and his teamwork, all of which he has utilized within
the Police Department and in assisting residents of
Chesterfield County during his exemplary career; and
WHEREAS, during his tenure, Sergeant George has received
numerous letters of commendation, thanks and appreciation for
services rendered; and
WHEREAS, Sergeant George has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Sergeant George's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Sergeant William C.
"Billy" George and extends on behalf of its members and the
residents of Chesterfield County, appreciation for his
service to the county, congratulations upon his retirement,
and best wishes for a long and happy retirement.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17-1260
11/15/17
1
13.B.1.a.6. MR. CARROLL J. BRIGGS, UTILITIES DEPARTMENT
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Mr. Carroll J. Briggs retired from the
Chesterfield County Utilities Department on October 31, 2017;
and
WHEREAS, Mr. Briggs began his public service with
Chesterfield County on March 11, 1994, when he was hired by
the Chesterfield County Utilities Department as an Senior
Maintenance Worker; and
WHEREAS, Mr. Briggs was promoted to Principal Plant
Operator at the Proctor's Creek Wastewater'Treatment Plant on
June 15, 1999; and
WHEREAS, Mr. Briggs served faithfully as a Principal
Plant Operator until his retirement; and
WHEREAS, Mr. Briggs contributed to the day-to-day
operations and maintenance activities of the Proctors Creek
Wastewater Treatment Plant; and
WHEREAS, Mr: Briggs supported the department's role of
being a responsible protector of the environment by providing'
wastewater treatment that is safe, reliable, and
environmentally sound; and
WHEREAS, Mr. Briggs' daily efforts resulted in
recognition by the wastewater industry through numerous
awards associated with the operation and maintenance of
Chesterfield County's wastewater treatment -facilities; and
WHEREAS, Mr. Briggs provided operational support which
resulted in the Proctor's Creek Wastewater Treatment Plant
earning the Virginia Water Environment Association's Facility
Safety Award in 2015; and
WHEREAS, Mr. Briggs acted as an exemplary steward of the
public trust by working with fellow operators to optimize
plant operations in the most cost-effective manner; and
WHEREAS,. Mr. Briggs continuously utilized his knowledge
of the operations and equipment at the Proctor's Creek
Wastewater Treatment Plant to ensure effluent quality met
state discharge permit requirements; and
WHEREAS, Mr. Briggs was highly respected and liked by
his peers and coworkers; and
WHEREAS, Mr. Briggs willingly and faithfully worked
after hours and during emergencies to ensure continued permit
compliance at the Proctor's Creek Wastewater Treatment Plant;
and
WHEREAS, throughout his career with Chesterfield County,
Mr. Briggs displayed dependability, aptitude, good character,
and values.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Carroll J. Briggs
and extends on behalf of its -members and citizens of
Chesterfield County, appreciation for more than 23 years of
exceptional service to the county.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17-1261
11/15/17
13.B.2. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT
FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY AND
THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE
2017 LOCAL EMERGENCY MANAGEMENT PERFORMANCE GRANT
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
authorized the receipt and appropriation of additional grant
funding in the amount of $50,000 for the 2017 Emergency
Management Performance Grant to enhance emergency
preparedness for Chesterfield County.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.B.3. ADOPTION OF THE COUNTY'S 2018 LEGISLATIVE PROGRAM
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the 2018 Legislative Program. (It is noted a copy of
the Legislative Program for the 2018 General Assembly is
filed with the papers of this Board.)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.B.4'. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDMENTS
TO THE COUNTY CODE RELATED TO BUSINESS LICENSES
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
set a public hearing date for December 13, 2017, to consider
proposed changes to the Business License Ordinance.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.B.5. ACCEPTANCE OF STATE ROADS
On motion of Mr. Holland, seconded by Mr. Elswick, 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 Section 33.2-705, 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.
17-1262
11/15/17
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: Wynstone Park at Magnolia Green Section
2
Type Change to the Secondary System miles of State Highways:
AAA i t i nn
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Wynstone Park Lane, State Route Number 7852
From: Lupice Lane, (Route 7953)
To: The end of state maintenance, a distance of: 0.05
miles.
Recordation Reference: Plat Book 231, Page 48
Right of Way width (feet) = 47
• Wynstone Park Lane, State Route Number 7852
From: 0.01 miles northwest of Wethered Ridge, (Route 7851)
To: Lupice Lane, (Route 7953), a distance of: 0.-13 miles.
Recordation.Reference: Plat Book 231, Page 48
Right of Way width (feet) = 55
• Lupice Lane, State Route Number 7953
From: Memorial Tournament Drive, (Route 7849)
To: Wynstone Park Lane, (Route 7852), a distance of: 0.05
miles.
Recordation Reference: Plat Book 231, Page 46
Right of Way width (feet) = 47
• Memorial Tournament Drive, State Route Number 7849
From: Lupice Lane, (Route 7953)
To: The cul-de-sac, a distance of:. 0.06 miles.
Recordation Reference: Plat Book 231, Page 49
Right of Way width (feet) = 47
• Memorial Tournament Drive, State Route Number 7849
From: 0.01 miles northwest of Wethered Ridge, (Route 7851)
To: Lupice Lane, (Route 7953), a distance of: 0.15 miles.
Recordation Reference: Plat Book 231, Page 49
Right of Way width (feet) = 47
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.B.6. DESIGNATION OF VIRGINIA DEPARTMENT OF
TRANSPORTATION SIDEWALK, DRAINAGE AND TEMPORARY
CONSTRUCTION EASEMENTS FOR THE BAILEY BRIDGE ROAD
SIDEWALK PROJECT
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
designated sidewalk, Virginia Department of Transportation
drainage and temporary construction easements for the Bailey
Bridge Road'Sidewalk Project.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17-1263
11/15/17
13.B.7. REQUEST TO VACATE A PORTION OF A SIXTEEN -FOOT WATER
EASEMENT AND A PORTION OF A TWENTY -FOOT DRAINAGE
EASEMENT (PRIVATE) ACROSS THE PROPERTY OF
BRECKENRIDGE 2017 LLC
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
authorized the Chairman of the - Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16 -foot water easement and a portion of a 20 -
foot drainage easement (private) across the property of
Breckenridge 2017 LLC.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.B.8. ACCEPTANCE OF A PARCEL OF LAND ALONG BERMUDA
HUNDRED ROAD FROM POLYTEC, INCORPORATED
On motion of Mr. Holland, seconded by Mr.-Elswick, the -Board
accepted the conveyance of a parcel of land containing 0.052
acres along Bermuda Hundred Road from Polytec, Inc., and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13. B.. 9. REQUEST TO VACATE A PORTION OF A FIFTY -FIVE-FOOT
SEWER EASEMENT ACROSS THE PROPERTY OF STONE HARBOUR
LLC
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 55 -foot sewer easement across the property of
Stone Harbour LLC.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
13.B..10. APPROVAL OF GRANT APPLICATION AND AGREEMENT,
APPROVAL OF A CONTRACT AND APPROPRIATION OF FUNDS
FOR THE PURCHASE OF A SPECIAL PURPOSE PARK AT THE
WARE BOTTOM CHURCH BATTLEFIELD
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
authorized _the County Administrator or his designee to
execute a grant application and agreement; approved a
contract for the purchase of a Special Purpose Park at the
Ware Bottom Church Battlefield from Miles and Wells;
appropriated up to $161,212 in occupancy tax reserves to
cover the county's share of the purchase and closing costs,
and up to $608,845 in anticipated reimbursements from other
partners; and authorized the County Administrator to execute
the contract and deed.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17-1264
11/15/17
13.B.11. ADOPTION OF GUIDELINES AND PROCEDURES PURSUANT TO
THE PUBLIC-PRIVATE EDUCATION AND FACILITIES
INFRASTRUCTURE ACT (PPEA)
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted guidelines and procedures pursuant to the Public -
Private Education Facilities and Infrastructure Act of 2002,
as Amended (Code of Virginia § 56-575.1 et seq.) (It is noted
a copy of the county's adopted PPEA Guidelines and Procedures
are filed with the papers of this Board.)
Ayes: Jaeckle, Haley,'Winslow,'Holland and Elswick.
Nays: None.
13.B.12. INITIATION OF APPLICATION FOR CONDITIONAL USE
APPROVAL TO PERMIT A PRIVATE MUSEUM IN AN
AGRICULTURAL (A) ZONING DISTRICT FOR PROPERTY
LOCATED ON COUNTY LINE ROAD
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
initiated an application for conditional use to permit
continued operation of a private museum at 1611 County Line
Road- (Tax ID 704-700-3328), in an Agricultural (A) zoning
district, and appointed Andrew Gillies, Director of
Planning, as agent for the Board of Supervisors for the
purposes of this application and waived disclosure.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
14. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Frances Wargofcak expressed her objections relative to
the proposed Matoaca rezoning case, specifically the
project's placement and lack of county communication.
Mr. Howard Cannon expressed concerns relative to the lack of
county communication and transparency regarding the proposed
Matoaca rezoning case.
Ms. Brenda Stewart expressed concerns relative to the -
external audit investigation of the school system's
Supplemental Retirement Program.
Mr. Rodney Martin expressed concerns relative to the external
audit investigation of the school system's Supplemental
Retirement Program.
Mr. Phil Lohr expressed concerns relative to the proposed
Matoaca rezoning case and the allowance of heavy industrial
zoning adjacent to residential or proposed residential areas.
15. DEFERRED ITEMS
15.A. INTERNAL AUDIT POLICY REVISIONS
Mr. Greg Akers, Director of Internal Audit, -noted meetings
were held with Board members to discuss issues and concerns
relative to the policy revisions after deferral of the issue.
On motion of Ms. Haley, seconded by Mr. Winslow, the Board
approved the -Internal Audit Policy revisions. (It is noted a
copy of the policy with revisions is filed with the papers of
this Board.)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17-1265
11/15/17
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 18
IRSN0519
In Dale Magisterial District, Teri C. Pruitt and W.S. Carnes,
Inc. request conditional use planned development to permit
exceptions to ordinance requirements relative to
architectural treatment and amendment of zoning district map
in Community Commercial (C-3) and General Commercial (C-5)
Districts on 7.8 acres fronting 1,230 feet on the north line
of Iron Bridge Road, 560 feet west of Lori Road. Density will
be controlled by zoning conditions or ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for Corporate Office uses within the Historic Courthouse
Design Area. Tax ID 769-662-7458; 770-662-1443, 1615, 3320
and 3511.
Mr. Andrew Gillies stated Mr. Holland is requesting a
deferral of Case 18SN0519 to the regularly scheduled May 2018
meeting.
Ms. Jaeckle welcomed Mr. Gillies, new Planning Director, to
his first Board of Supervisors meeting.
Mr. Brennen Keene, representing the applicant, accepted the
deferral.
Ms. Jaeckle called for public comment.
There being no one to address the deferral, the public
hearing was closed.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
deferred Case 18SN0519 to the regularly scheduled May 2018
meeting.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
1 Fi..gmnri9l
In Clover Hill Magisterial District, Glenn M. Hill requests
amendment of zoning approval (Case 07SN0281) to amend cash
proffers and amendment -of zoning district map in a Townhouse
Residential (R-TH) District on 57.6 acres located in the
southeast corner of Kelley Green Drive and South Old Hundred
Road. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Regional Mixed use. Tax IDs 731-
685-8002 and 732-685-4864.
Mr. Gillies presented a summary of Case 16SN0591 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Andy Scherzer, representing the applicant, accepted the
recommendation and stated he believes the conditions
proffered are reasonable under state law.
17-1266
11/15/17
Ms. Jaeckle called for public comment.
There. being no one to address the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Ms. Haley, the Board
approved Case 16SN0591 and accepted the following proffered
conditions:
With the approval of this request, Proffered Condition 2 of
Case 07SN0281 shall be' amended as outlined below. All other
conditions of Case 07SN0281 shall remain in force and effect.
The Applicant amends Proffered Condition 2 of Case 07SN0281
to read as follows:
1. Road Cash Proffer.
a. The applicant, sub -divider, or assignee (s) shall
pay $5,922 for.each 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 building permit 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 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 transportation improvements provided by the
applicant, sub -divider, or assignee(s), as
determined by the Transportation Department. (B &
M)
The Applicant offers the following additional proffered
conditions:
2. Architectural/Design Elements for Townhouse Units.
a. Driveways and Front Walks.
i. Driveways: All portions of driveways and
parking areas shall be brushed. concrete,
stamped concrete, exposed aggregate concrete
or asphalt. Gravel driveways shall not be
permitted.
ii. Front Walks: A minimum of a three (3) foot
wide concrete, or decorative pavers, front
walk shall be provided to the front entrance
of each dwelling unit, to connect to drives,
sidewalks, or streets.
b. Landscaping and Yards.
17-1267
11/15/17
i. Front Yards: Except for the foundation
planting bed, all front yards shall be sodded
and irrigated. -
ii. Front Foundation Planting Beds: Foundation
planting is required along the entire front
facade of all dwelling units, and shall extend
along all sides facing a street. Foundation
planting beds shall be a minimum of three (3)
feet wide from the unit foundation. Planting
.beds shall include medium shrubs spaced a
maximum of four (4) feet apart. Unit corners
shall be visually softened with vertical
accent shrubs (4'-5') or small evergreen trees
(6'-81) at the -time of planting.
iii. Landscaping. Landscaping shall be provided and
maintained around the - perimeter of all
buildings, between buildings and driveways,
within medians, and common areas, including
open space along the rear of units.
Landscaping shall comply with the requirements
of the Zoning Ordinance and .be designed to
minimize the predominance of building mass and
paved areas; define private spaces; and
enhance the residential , character- of the
development. The landscaping plan shall be
approved at time of plans review with respect
to the exact numbers,. spacing, arrangement and
species of plantings.
iv. Landscape strip. A minimum twenty-four (24)
inch landscaped or grassed strip shall be
provided between the private driveways of the
dwelling units.
C. Architecture and Materials.
i. Unless deviations are approved by the Planning
Commission during plans review, the
architectural treatment of the- townhouse
development shall be compatible and consistent
with Exhibit A.
ii. Other materials may be used for trim,
architectural decorations, or design elements
provided they blend with the traditional and
cottage style architecture, as generally
depicted on Exhibit A._
iii. If the dwelling unit is constructed on a slab,
brick or stone shall be employed around the
base of the front and sides of the dwelling
unit a minimum twenty-four (24) inches and on
the rear of the dwelling unit a minimum eight
(8) inches above grade to give the appearance
of a foundation.
iv. Dwelling units with the same elevations and
color palette may not be adjacent to each
other on the same street.
17-1268
11/15/17
V. Special focus units, typically located at the
end of a street intersection, and/or against
common open space, shall have an embellished
facade with enhanced features. Embellished
facades may include a mixing of materials,
gables, dormers, entryway details, shutters,
or other architectural features on the
exterior that enhance the entry (i.e.
decorative lintels, shed roof overhangs,
arches, columns, keystones, eyebrows, etc.).
These units may also utilize enhanced
landscaping to reinforce the streetscape, with
shade trees, garden walls, hedges, shrubs,
etc. to help define the front yard and street
edge.
d. Roof Material: Roofing material shall be standing
seam metal or a thirty (30) year architectural
dimensional shingles with algae protection.
e. Porches and Stoops.
i. Front Porches: Where elevated more than eight
(8) inches, front entry stoops and front
porches .shall be constructed with continuous
masonry foundation wall or on 12"x12" masonry
piers. Extended front porches shall be a
minimum of five (5) feet deep. Space between
piers under porches shall be enclosed with
framed lattice panels. Where provided or
required by code on elevated porches,
handrails and railings shall be finished
painted wood, vinyl or metal railing with
vertical pickets or swan balusters. Pickets
shall be supported on top and bottom rails
that span between columns.
i. Front Porch Flooring: Porch flooring may be
concrete, exposed aggregate concrete, or a
finished paving material such as stone, tile
or brick, finished (stained) wood, or properly
trimmed composite decking boards. All front
steps -shall be masonry to match the
foundation.
f. Garages.
i. Front loaded attached garages shall be
permitted. to extend as far forward from the
front line of the main dwelling as the front
line of the front porch provided that the
rooflines of the porch and garage are
contiguous. Where the rooflines are not
contiguous, garages shall be permitted to
project a maximum of two (2) feet forward of
the front line of the -main dwelling, provided
that dwelling units with a first -floor master,
shall be permitted to project a maximum of
five (5) feet forward of the front line of the
main dwelling.
ii. Front loaded and corner side loaded garages
shall use'an upgraded garage door. An upgraded
17-1269
11/15/17
garage door is any door with a minimum of two
(2) enhances 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.
g. Heating, Ventilation and Air Conditioning (HVAC)
Units and Whole 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)
3. Sidewalks: Sidewalks shall be provided on both sides of
all public streets at general circulation where houses
are fronting. A sidewalk shall be provided along the
entire property line fronting South Old Hundred Road.
(P)
4. Streetscape.
a. Large mature trees, planted approximately 40' on
center, shall be provided along the Public Roads of
front loaded lots and the Recreational Area, except
where there is a conflict with utilities,
sightlines, and driveway areas.
b. Front yard post lights shall be provided for each
townhouse. (P)
5. Fences.
a. Any rear yard fences constructed shall be fiber
cement lumber, composite, and/or comparable
material. The height of rear yard fences shall not
exceed six (6) feet.
b. Chain link fence shall be prohibited. (P)
6. Lighting. Light poles shall not exceed twenty (20) feet
in height. (P)
7. Focal Point/Recreation Area.
a. A minimum of two (2) acres of open space/recreation
area shall be provided within this property to
provide "focal points". Part of each focal point
area shall be hardscaped and have benches and other
amenities that accommodate and facilitate
gatherings. A portion of the focal points may
include areas devoted to best management/storm
water facilities. The focal points shall be
developed concurrent with the phase of development
that the focal point is intended to serve.
b. Recreational space shall be provided and designed
to include pedestrian scale amenities, such as, but
not limited to: decorative paving units, benches,
landscaped areas, plantings, gathering areas,
community gardens, walking trails located within
17-1270
11/15/17
communal -area or open space and other pedestrian
elements.
C. A minimum 2,000 square foot clubhouse to primarily
serve the residents, shall also be provided. Prior
to the issuance of a certificate of occupancy for
51 townhouse dwelling units, a building permit
shall have been obtained for the clubhouse. Prior
to the issuance of a certificate. of occupancy for
100 townhouse dwelling units, the clubhouse shall
have been issued a certificate of occupancy. (P)
8. Group of Lots. There shall not be more than eight (8)
attached lots within a group of townhouses, and there
shall be no more than six (6) groups of eight (8)
attached lots. (P)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
l7cunR,)n
(AMENDED) In Matoaca Magisterial District, Jack R. Wilson,
III, PLC requests amendment of zoning approval (Cases
OOSN0218 and 01SN0273) to amend cash proffers and amendment
of zoning district map in a Residential (R-12) District on
113.4 acres located within the Summer Lake Subdivision along
Lake Summer Drive, Loop and Place, Wild Bird Court,
Burtonwood Place, Jennway Loop, Kipper Turn,, Singing Bird
Drive, Otterdale Road, Bootsy Court, Shoreland Drive and
Jenkip Court. Density will be controlled by zoning conditions
or ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Suburban Residential I use
.(maximum of 2.0 dwellings per acre). Tax IDs 706-683-7991;
706,-685-3851;707-684-2428, 3359, 4024, 4073, 4440, 4750,
5122, 5639,_6123, 6739, 7023, 7080, 7158, 8514, 8633, 9211;
707-685-2535, 3747, 4632, 5338, 8583; 708-683-4178 and 4795;
708-684-0204,- 0263, 1618, 1946, 2236, 2327, 3210, 3802; 708-
685-1535, 1821, and 1922; 711-684-2838.
Mr. Gillies presented a summary of Case 17SN0820 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Jack Wilson, representing the applicant, accepted the
recommendation.
In response to Mr. Mincks' question, Mr. -Wilson stated he
believes the conditions proffered are reasonable under state
law.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved,Case 17SN0820 and accepted the following conditions:
The .property owner and applicant in this case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors and assigns, proffer that the
property under. consideration (the "Property") will be
17-1271
11/15/17
developed according to the following proffers if, and only
if, the request submitted herewith is granted with only those
conditions agreed to by the owner and applicant. In the event
this request is denied.or approved with conditions not agreed
to by the owner and applicant, the proffers shall immediately
be null and void and of no further force or effect.
With the approval of this request, Proffered Condition 9 of
Case OOSN0218 and Proffered Condition 5 of Case 01SN0273
shall be amended as outlined below.
1. 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 building permit 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 additional
proffered condition:
2. Foundations. The
be brick
foundations
entirely of
or
exposed portion of
stone. Synthetic
may be permitted for
stucco. (P)
3. Architectural/Design Elements:
A. Driveways/Front Walks.
any foundation shall
or natural stucco
facades constructed
1. Driveways: All portions of driveways and
parking areas shall be brushed concrete,
stamped concrete, exposed aggregate. concrete,
asphalt or decorative pavers.
2. Front Walks: A minimum of a 42 -inch -wide
concrete front walk shall be provided to the
front entrance of each dwelling unit, to
connect to drives, sidewalks or street.
B. Landscaping.
1. Front Yard Tree: One (1) tree per lot shall be
planted or retained. A tree shall be planted
or retained on both street frontages on corner
lots. The front yard tree shall be a large
deciduous tree and have a minimum caliper of
2.5 inches. Native trees shall be permitted to
have a minimum caliper of 2 inches.
2. Front Foundation Planting Beds: Foundation
planting is required along the entire front
facade of all units, and shall extend along
all sides facing a street. Foundation Planting
Beds shall be a minimum of four (4) feet wide
from the unit foundation. Planting beds shall
be defined with a trenched edge or suitable
17-1272
11/15/17
�i
landscape edging material. Planting beds shall
include medium shrubs and may include
spreading groundcovers. Unit corners shall be
visually softened with vertical accent shrubs
(4'-51) or small evergreen trees (6'-8') at
the time of planting.
3. Yards: Front and side, yards -shall be sodded
and irrigated.
C. Architecture and Materials.
1. Style and Form: The architectural styles shall
be similar to those existing in the Summer
Lake subdivision and be interpretations of
traditional Richmond architecture such as
Georgian, Adam, Classical Revival Colonial,
Greek Revival, Queen Anne, Craftsman and
Farmhouse Styles.
2. Repetition: Dwellings with the same elevations
may not be located adjacent to, directly
across from, or diagonally across from each
other on the same street. This requirement
does not apply to units on different streets
backing up to each other.
3. Exterior Facades: Acceptable siding materials
include brick, stone, masonry, stucco,
synthetic stucco (E.I.F.S), vinyl siding, and
approved 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 0.042 inches. Plywood and metal
siding are not permitted.
4. Step-down Siding: Stepping the siding down
below the first floor shall only be permitted
in circumstances of unique topographical
conditions. Step downs shall be permitted on
the side and rear elevations only, with a
maximum of two (2) steps permitted on any
elevation, and with a minimum separation of
eight (8) feet between steps. A minimum of 24
inches of exposed brick or stone shall be
required, unless a lesser amount is approved
by the Planning Department at time of plans
review due to unique design circumstances.
5. Roof Materials: Roofing material shall be
dimensional architectural shingles or better
with a minimum 30 -year warranty.
D. Porches and Stoops. All- front entry stoops and
front porches shall be constructed with continuous
masonry foundation wall or on 12" x 12" masonry
piers. Extended front porches shall be a minimum of
five (5) feet deep. Space between piers under
porches shall be enclosed with framed lattice
panels. Handrails and railings shall be finished
painted wood, vinyl rails or metal rail systems
with vertical pickets or swan balusters. Pickets
17-1273
11/15/17
shall be supported on top and bottom rails that
span between columns.
E. Garages.
1. All units shall have an attached garage.
Front loaded attached garages shall be
permitted to extend as far forward from the
front line of the main dwelling as the front
line of the front porch provided that the
rooflines of the porch and garage are
contiguous. Where the , rooflines are not
contiguous, garages shall be permitted to
project a maximum of three (3) feet forward of
the front line of the main dwelling. -
2. 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.
F. Heating, Ventilation and Air Conditioning
(HVAC) Units and Whole House Generators. Units
shall initially be screened from view of
public roads by landscaping.or low maintenance
material, as approved by the Planning
Department.
G.- Fireplaces and Chimneys.
1. Chimney chases shall be constructed of
brick or stone. The width and depth of
chimneys shall be appropriately sized in
portion, to the size and height of the
unit.
2. Direct vent gas fireplace boxes which
protrude beyond the exterior plane of the
unit, are not permitted on front facades.
All the exterior materials and finishes
used to enclose the fireplace box must
match the adjacent facade. (P)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17SN0822
(AMENDED) In Matoaca Magisterial District, Jack R. Wilson,
_III, PLC requests amendment of zoning approval (Cases
95SN0161 & 02SN0111) to amend cash proffers and amendment of
zoning district map in a Residential (R-88) district on 964.2
acres within the Chesdin Landing and Chesdin Shores
subdivision along River Otter Road and Court, Chesdin Green
Way, Chesdin Landing Drive, Blue Heron Loop, Pungo Court and
17-1274
11/15/17
Terrace Corapeake Place and Terrace, and Chesdin Shores Drive
and Terrace. Density will be controlled by zoning conditions
or ordinance standards. The Comp -Plan suggest the property is
appropriate for Resident Agricultural use (maximum of 0.5
dwellings per acre).Tax IDs 728-627-4598 and 9068;728-628-
7504;729-628-4733,6993,7850 and 9017; 729-629-6208, 9181;730-
621-7498 and 9487;730-622-2569, 4133, 5814 and 6599;730-626-
6690; 730-627-4329; 730-628-0760 and 0807;730-629-3107, 3427,
5876 and 7688; 730-631-6820; 731-621-1572, 4778 and 7494;
731-622-1353, 3744, 5948 and 9613; 731-623-0881 and 7418;
731-624-5192 and 9770; 731-625-8007; 731-627-1373 and
4897;732-623-0229, 1536 and 3456; 732-624-1967; 732-629-7586;
732-630-8839 and .8995; 732-631-9520; 733-624-1157; 733-.625-
3045; 733-626-0252; 733-631-1920; 734-624-2178; 734-625-2553;
736-624-1977, 7504 and 8542; 737-624-5558; 737-626=0331; 738-
627-8466; 739-627-0517.
Mr. -Gillies presented a summary of Case 17SN0822 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Jack Wilson, representing the applicant, accepted the
recommendation and stated he believes the conditions
proffered are reasonable under state law.
Mr. Elswick read the following statement: "I own a home at
13601 Blue Heron Circle in Chesdin Landing Subdivision. Due
to my home's proximity to the properties identified in the
applications, I can reasonably foresee that my property might
realize a direct or indirect benefit or detriment resulting
from the decisions of the Board of Supervisors on the
rezoning amendments. As is evident from the county's GIS map,
there are scores of homes that will be as or more affected,
directly or indirectly, by these rezoning decisions as my
home and I am, therefore, a member of that group under Va.
Code Section 2.2-3112 and -3115H. I am about to participate
in these rezoning matters fairly, objectively, and in the
public interest."
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Ms. Haley, the Board
approved Case 17SN0822 and accepted the following proffered
conditions:
The property owner and applicant in this case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors and assigns, proffer that the,
property under consideration (the "Property") will be
developed according to the following proffers if, and only
if, the request submitted herewith is granted with only those
,conditions agreed to by the owner and applicant. In the event
this request is denied or approved with conditions not agreed
to by the owner and applicant, the proffers shall immediately
be null and void and of no further force or effect.
With the approval of this request, Proffered Condition 9 of
Case OOSN0218 and Proffered Condition 5 of Case 01SN0273
shall be amended as outlined below.
17-1275
11/15/17
With the approval of this request, Proffered Condition 7 of
Case 95SN0161 and Proffered Condition 3 of Case 02SN0111
shall be amended as outlined below.
1. 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 building permit 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 proffered
condition:
2. Foundations. The exposed portion of any foundation
shall be brick or stone. Synthetic or natural stucco
foundations may be permitted for facades constructed
entirely of stucco. (P)
3. Architectural/Design Elements:
A. Driveways/Front Walks
1.Driveways: All portions of driveways and
parking areas shall be brushed concrete,
stamped concrete, exposed, aggregate concrete,
asphalt or decorative pavers.
2. Front Walks: A minimum of a 42 -inch -wide
concrete front walk shall be provided to the
front entrance of each dwelling unit, to
connect to drives, sidewalks or street. -
B. Landscaping
1. Front Yard
Tree: One (1) tree per lot
planted or retained. A tree shall be
shall be
planted
or retained on both street frontages on corner
lots. The front yard tree shall be a large
deciduous tree and have a minimum caliper of
2.5 inches. Native trees shall be permitted to
have a minimum caliper of 2 inches.
2. Front Foundation Planting Beds: Foundation
planting is required along the entire front
facade of all units, and shall extend along
all sides facing a street. Foundation Planting
Beds shall be a minimum of four (4) feet wide
from the unit- foundation. Planting beds shall
be defined with a trenched edge or suitable
landscape edging material. Planting beds shall
include medium shrubs and may include
spreading groundcovers. Unit corners shall be
visually softened with vertical accent shrubs
(4'-51) or small evergreen trees (6'-81) at
the time of planting.
17-1276
11/15/17
C.• Architecture and Materials
1. Style and Form: The architectural styles shall
be similar to those existing in the Chesdin
Landing subdivision and be interpretations of
traditional Richmond architecture such as
Georgian, Adam, Classical Revival Colonial,
Greek Revival, Queen Anne, Craftsman and
.Farmhouse Styles.
2. Repetition: Dwellings with the same elevations
may not be located adjacent to, directly
across from, or diagonally across from each
other on the same street. This requirement
does not apply to units on different streets
backing up to each other.
3. Exterior Facades: Acceptable siding materials
include brick, stone, masonry, stucco,
synthetic stucco (E.I.F.S), vinyl siding, and
approved 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 0.042 inches. Plywood and metal
siding are not permitted.
4. Step-down Siding: Stepping the siding down
below the first floor shall only be permitted
in circumstances of unique topographical
conditions. Step downs shall be permitted on
the side and rear elevations only, with a
maximum of two (2) steps permitted on any
elevation, and with a minimum separation of
eight ( 8 ) feet between steps. A minimum. of 24
inches of exposed brick or stone shall be
required, unless a lesser amount is approved
by the Planning Department at time of plans
review due to unique design circumstances.
5. Roof Materials: Roofing material shall be
dimensional architectural shingles or better
with a minimum 30-vear warrantv.
D. Porches and Stoops. All front entry stoops
and front porches shall be constructed with
continuous masonry foundation wall or on 12" x
12" masonry piers. Extended front porches
shall be a minimum of five (5) feet deep.
Space between piers under porches shall be
enclosed with framed lattice panels. -Handrails
and railings shall be finished painted wood,
vinyl rails or metal rail systems with
-vertical pickets or swan balusters. Pickets
shall be supported on top and bottom rails
that span between columns.
E. Garages.
1. All units shall have an attached garage.
Front loaded attached garages shall be
permitted to extend as far forward from the
front line of the main dwelling as the front
17-1277
- 11/15/17
line of the front
rooflines of the
contiguous. Where
contiguous, garages
project a maximum of
the front line of the
porch provided that the
porch and garage are
the rooflines are not
shall be permitted to
three ( 3 ) feet forward of
main dwelling.
2. 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.
F. Heating, Ventilation and Air Conditioning
(HVAC) Units and Whole House Generators. Units
shall initially be screened from view of
public roads by landscaping or low maintenance
material, as approved by the Planning
Department.
G. Fireplaces and Chimneys.
1. Chimney chases shall be constructed of brick
or stone. The width and depth of chimneys,
shall be appropriately sized in portion to the
size and height of the unit.
2.Direct vent gas fireplace boxes which protrude
beyond the exterior plane of the unit, are not
permitted on front facades. All the exterior
materials and finishes used to enclose the
fireplace box must match the adjacent fagade.
(P)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17SN0825
In Bermuda Magisterial District, Hanky, LLC requests rezoning
from Agricultural (A) to Residential (R-12) and amendment of
zoning district map on 22.7 acres fronting 480 feet on the
west line of Bermuda Orchard Lane, across from Green Orchard
Drive. Residential use of up to 3.63 unit(s) per acre is
permitted in the Residential (R-12) District. The
Comprehensive Plan suggests the property is appropriate for
Suburban Residential II use (maximum of 2.0 to 4.0 dwellings
per acre). Tax ID 815-649-7366.
Mr. Gillies presented a summary of Case 17SN0825 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Mike Hanky accepted the recommendation.
In response to Ms. Jaeckle's question, Mr. Hanky stated there
is no homeowners' association established in the case.
17-1278
11/15/17
In response to Mr. Mincks' question, Mr. Hanky stated he
believes the conditions proffered are reasonable under state
law.
Ms. Jaeckle called for public comment.
There being no one to address the -issue, the public hearing
was closed.
Ms. Jaeckel stated she wanted to discuss a homeowners,
association with Planning Commissioner Gib Sloan.
Ms. Jaeckle then made a motion, seconded by Mr. Winslow, for
the Board to defer Case 17SN0825 until December 13, 2017.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
18SN0526
In Clover Hill Magisterial District, HHH Land, LLC requests
amendment of zoning approval (Case 07SN0336) to amend cash
proffers 'and development standards and amendment of zoning
district map in a Regional Business (C-4) District on 70.3
acres located 1,190 feet on the east and west lines of Lonas
Parkway, 1,600 feet south of Hull Street Road. Density will
be controlled by zoning conditions or ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for Regional Mixed use. Tax IDs 737-678-1671 and 8211; 737-
679-1634; and 738 -679 -Part of 2769.
Mr. Gillies presented a summary of Case 18SN0526 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Jim Theobald, representing the applicant, accepted the
recommendation and stated he believes the conditions
proffered are reasonable under state law.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Ms. Haley, the Board
approved Case 18SN052G and accepted the following proffered
conditions:
The property owner and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the property under consideration (the "Property") will be
developed according to the following proffers if, and only
if, the rezoning request submitted herewith is granted with
only those conditions agreed to by the owner and -applicant.
In the event this request is denied or approved with
conditions not agreed to by the owner and applicant, the
proffers shall immediately be null and void and of no further
force or effect.
The Applicant hereby amends Case 07SN0336 to delete Condition
3 Cash Proffer.
17-1279
11/15/17
The Applicant hereby amends Proffered Condition 1 of Case
07SN0336 to read as follows:
1. Master Plan. The Textual Statement dated July 6, 2007,
as amended October 6, 2017, shall be the "Master Plan".
The applicant offers the following additional Proffered
Conditions:
APPLICABLE TO ALL RESIDENTIAL UNITS
2. Driveways/Front Walks. Any private driveways serving
residential units shall be concrete. A minimum of a
three (3) foot concrete front walk shall be provided to
the entrance of each building of units to connect to
drives, sidewalks, street or parking. (P)
3. Heating, Ventilation and Air Conditioning (HVAC) Units
and any Whole House Generators. Ground HVAC units and
any whole house generators shall initially be screened
from view of public roads by .landscaping or low
maintenance material chosen by the applicant, as
approved by the Planning Department. Any building -
mounted HVAC units shall not be placed on the front
facade of a building. (P)
4. Foundation Plantings. Foundation planting beds shall be
required along the entire front facade of buildings
excluding garages, stairs and walkways accessing porches
and patios. Foundation planting beds that extend a
minimum of one third (1/3) of the length of the side
elevation as measured from the front corner of the unit
are also required on building side elevations that are
adjacent to public streets. Foundation planting beds
shall 1) contain a minimum of fifty (50) percent
evergreen material with one (1) shrub per three (3)
linear feet of foundation planting bed, and 2) be a
minimum of three (3) feet wide as measured from the unit
foundation. Unit corners shall be visually softened with
vertical accent shrubs (4'-5' at the time of planting)
or small evergreen trees (6'-8' at the time of
planting) . (P)
5. Garages. Any garage doors visible from a street 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 shall be prohibited. (P)
6. Amenities. Amenities shall include, but not be limited
to, pedestrian paths, walkways and a gathering area to
include a clubhouse with a minimum of 2,000 square feet
of enclosed space and outside living/programmed
recreational space of 500 square feet. Construction on
the aforementioned clubhouse shall commence prior to the
issuance of the Certificate of Occupancy for the 275th
unit and shall be completed and open for use within 18
months after commencement of construction. (P)
17-1280
11/15/17
7. Concept Plan. The site shall be designed in general
conformance with the bubble concept plan dated September
18, 2017, entitled, "Concept Plan" prepared by Kimley
Horn (referred to herein as the "Concept Plan"). (P)
8. Density. There shall be no more than five hundred fifty
(550) residential units developed on the Property. (P)
9. Protective Covenants. Prior to or concurrent with the
recordation of a-. subdivision plat and/or site plan
approved by the County, a document shall be recorded in
the Clerk's Office of the Circuit Court of Chesterfield
County, Virginia, setting forth- controls on the
development and maintenance of the Property. The
covenants shall include the maintenance of common areas
including the recreational amenities and landscaping
(common area and townhome yard), and the periodic
powerwashing of the exterior of all dwellings. (P)
10. Development. Should residential development be commenced
on ,the Property, the entire Property the subject hereof
shall be residential with accessory uses related
thereto. (P)
APPLICABLE TO TOWNHOMES
11. Minimum Dwelling Size. Dwellings shall have a minimum of
1,300 square feet of finished floor area. (P)
12. Sod and Irrigation. Sod and irrigation shall be required
for front, side, corner side and rear yards of all
buildings of attached units, except where such yards
have been improved with hardscape, planting beds or
mulch. (P)
13. Elevations/Exterior Facades. Development of the attached
townhomes shall be in general conformance with the
architectural appearance shown on the elevations
attached hereto as Exhibits Al, A2 and A3. Any
substantial modifications shall be approved by the
Planning Commission in conjunction with plans review.
a. Roof materials shall be architectural/dimensional
asphalt composition shingle with a 30 year
warranty, pre -finished or real copper, or standing
seam metal roof.
b. Acceptable siding materials shall include brick,
stone, composition, hardiplank, vinyl siding (a
minimum of .044" nominal thickness as evidenced by
manufacturer's printed literature, engineered wood
(e.g. LP Smartside) and horizontal lap siding.
Horizontal lap siding shall be manufactured from
natural wood or cement fiber board. Plywood and
metal siding are not permitted. Painted wood trim
is not permitted. Dutch lap siding -is not
permitted.
C. No two buildings directly adjacent to each other
side by side or directly across from each other
shall have identical individual elevation and color
sequence patterns across the fronts of the
buildings. No two units adjoining each other within
17-1281
11/15/17
each building shall have identical colors or
elevations. There shall be a minimum of two (2)
siding colors used on each individual unit,
exclusive of trim, shutters and doors. A variety of
facade materials, such as masonry, horizontal lap
siding, shingles, board and batten, shall be used
in each building to provide additional
architectural interest. (P)
14. Units in a• Row. There shall be no more than six (6)
residential units connected within one building. (P)
15. Garages. A minimum of fifty (500) of the residential
townhouse units shall have a garage. (P)
16. Density. There shall be no more than four hundred
seventy-five (475) residential townhomes developed on
the Property. (P)
17. Foundation Treatment. There shall be a minimum vertical
height of eighteen (18) inches of brick, stone, or stone
veneer above grade utilized on slab -on -grade foundations
on all front and side residential townhome facades to
give the appearance of a crawl space. (P)
18. Grass Strips Between Unit Driveways. Grass strips, which
may be landscaped, shall be provided to break the space
between driveways of each townhome unit. (P)
APPLICABLE TO CONDOMINIUMS
19. Sod and Irrigation. Sod and irrigation shall be required
for front, side, corner side and rear yards of all
buildings of attached units, except where such yards
have been improved with hardscape, planting beds or
mulch. (P)
20: Elevations/Exterior Facades. Development of the
condominiums shall be in general conformance with the
architectural appearance shown on the elevations
attached hereto as Exhibits Bl and B-2. Any substantial
modifications shall be approved by the Planning
Commission in conjunction with plans review.
a. Roof materials shall be architectural/dimensional
asphalt composition shingle with a 30 year
warranty, pre -finished or real copper, or standing
seam metal roof.
b. Acceptable siding materials shall include brick,
stone, composition, hardiplank, vinyl siding (a
minimum of .044" nominal thickness as evidenced by
manufacturer's printed literature, engineered wood
(e.g. LP Smartside) and horizontal lap siding.
Horizontal lap siding shall be manufactured from
natural wood or cement fiber board. Plywood and
metal siding are not permitted. Painted wood trim
is not permitted. Dutch lap siding is not
permitted. (P)
21. Foundation Treatment. There shall be a' minimum vertical
height of twenty-four (24) inches of brick, stone, or
stone veneer above grade utilized on slab -on -grade
foundations on all front and side residential
condominiums facades to give the appearance of a crawl
space. (P)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17-1282
11/15/17
1 QQTTnr,17
In Clover Hill Magisterial District, Larae Tucker .requests
conditional use to permit a computer -controlled, variable -
message, electronic sign (EMC) and amendment .of zoning
district map in a Community Business (C-3) District on 1.1
acres known as 11200 Hull Street Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan' suggests the property is appropriate for
neighborhood business use. Tax ID 743-684-7608.
Mr. Gillies presented a summary of Case lbSN0532 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Mr'. 'Jim Theobald, representing the applicant, accepted the
conditions.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Ms. Haley, the Board
approved Case 18SN0532, subject to the following conditions:
1. - The EMC sign shall be located in accordance with Zoning
Ordinance requirements and as generally depicted on
Exhibits A and B, provided by Blakeway Corporation last
revised June 14, 2016 and Cummings Signs dated October 18,
2016. (P)
2. Electronic Sign. The computer -controlled, variable
message, electronic sign shall conform to the following
standards:
a. Copy shall be limited to a numerical display as
generally depicted on Exhibit B and shall not move
but may fade;
b. The message 'or display shall be programmed to
change no more than twice every twenty-four (24)
hours;
C. Sequential messaging shall be prohibited;
d. Flashing and traveling messages shall be
prohibited;
e. Bijou lighting and animation effects shall be
prohibited; and,
f. Brightness shall be limited so as not to exceed
0.3 -foot candles above ambient light as measured
using a foot candle meter at a distance of 71 feet.
The computer -controlled, variable message,
electronic sign shall have a photocell that
automatically adjusts the brightness according to
ambient light conditions. (P)_
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17-1283
11/15/17
In Bermuda Magisterial District, Larae Tucker requests
conditional use to permit a computer -controlled,' variable
message, electronic sign (EMC) and amendment of zoning
district map in a General Business (C-5) District on .7 acre
known as 6129 and 6131 Jefferson Davis Highway. Density will
be controlled by zoning conditions or ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for general commercial. Tax IDs 790-685-8378 and 8758.
Mr. Gillies presented a summary of Case 18SN0533 and stated
both the Planning Commission and staff recommended approved,
subject to the conditions.
Mr. Jim Theobald, representing the applicant, accepted the
conditions.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
approved Case 18SN0553, subject to the following conditions:
1. The EMC sign shall be located in accordance with Zoning
Ordinance requirements and as generally depicted on
Exhibits A and B, provided by Cummings Signs and dated
March 10, 2017. (P)
2. Electronic Sign. The computer -controlled, variable
message, electronic sign shall conform to the following
standards:
a. Copy shall be limited to a numerical display as
generally depicted on Exhibit B and shall not move
but may fade;
b. The message or display shall be programmed to
change no more than twice every twenty-four (24)
hours;
C. Sequential messaging shall be prohibited;
d. Flashing and traveling messages shall be
prohibited;
e. Bijou lighting and animation effects shall be
prohibited; and,
f. Brightness shall be limited so as not to exceed
0.3 -foot candles above ambient light as measured
using a foot candle meter at a distance of 71 feet.
The computer -controlled, variable message,
electronic sign shall have a photocell that
automatically adjusts the brightness according to
ambient light conditions. (P)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17-1284
11/15/17
IRSN0544
(AMENDED) In Clover Hill Magisterial District, Horner N G et
al Trustees et al, Martin Marietta Materials, Inc., Horner
Investments, LLC, and C.A.H. Investments, LLC request
amendment of zoning approval (Case 09SN0214) relative to
access, and amendment of zoning district map in a General
Industrial (I-2) District on 266.2 acres fronting 3,925 feet
on the west line of Warbro Road, across from Deerhill Road..
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Industrial use. Tax IDs 734-683-9441; 735-
681-5954; 735-684-6406; and 7967; 735-685-5303; 736-683-3056;
736-685-1540; and 2144, 737-682-9762;_and 737-683-2003.
Mr. Gillies presented a summary of Case 18SN0544 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Brennen Keene, representing the applicant, accepted the
recommendation and stated he believes the conditions
proffered are reasonable under state law.
Ms. Jaeckle called for public comment.
There being no one to -address the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Ms. Haley, the- Board
approved Case 18SN0544 and accepted the following proffered
conditions:
The Owners (the "Owners") in this zoning case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950" as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
development of the Property known as Chesterfield County Tax
IDs 734-683-9441, 735-681-5954, -735-684-6406, 735-684-7967,
735-685-5303, 736-683-3056, 736-685-1540, 736-685-2144, 737-
682-9762, and 737-683-2003 (the "Property") under
consideration will be developed according to the following
conditions if, and only if, the rezoning request for I-2 with
a conditional use permit (CUP) and a conditional use planned
development (CUPD) is granted. In the event the request is
denied or approved with conditions not agreed to by the
Owners, the proffers shall immediately be null and void and
of no further force or effect. If the zoning is granted,
these proffers and conditions will supersede all proffers and
conditions now existing on the Property.
Amend Proffer 7.B. from case 09SN0214 to read:
1. Access. Access from the Property to Memphis Boulevard
shall be limited to vehicular access for the asphalt plant
and any associated office building, plus maintenance uses
and occasional access to the Freshwater and Settling
Ponds, the Virginia Power- Easement, and the, Overburden
Storage areas as identified on Exhibit A. (T) .
The Developer hereby offers the following Proffer to read:
2. Public Utilities. Public water and public wastewater
shall be used for any new office building constructed
with access from Memphis Boulevard. (U)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None._
17-1285 ,
11/15/17
1 ARM 0574
In Bermuda Magisterial District, Greenbriar Land, LLC
requests amendment of zoning approval (Cases 04SN0249 and
05SN0266) to amend cash proffers and house sizes, and
amendment of zoning district map in a Residential (R-12)
District on 17.8 acres fronting 290 feet on the north line of
Heritage Drive, 1575 feet west of Harrowgate Road. Also lying
at the southern terminus of Tosh Lane. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Suburban Residential II use (maximum of 2.0 to 4.0 dwellings
per acre). Tax ID 792-639-2338.
Mr. Gillies presented a summary of Case 18SN0574 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. John Greer accepted the recommendation and stated he
believes the conditions proffered are reasonable under state
law.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
approved Case 18SN0574 and acceptance of the following
proffered conditions:
1. Project Density. The number of lots shall not exceed 35.
i
(p)
2. Dwelling Design and Materials.
a. Dwelling Size. The minimum gross floor area for
dwelling units shall be 2,000 square feet.
b. Foundations. All homes shall have a minimum of
eighteen (18) inches of masonry foundation area
visible between grade and any siding.. Step down
siding may be permitted on side or'rear crawl space
or basement walls where unique topography exists,
provided there are no more than two (2) step downs
on any elevation, that there is a separation of at
least eight (8) feet between step downs, and a
minimum of eighteen (18) inches of exposed masonry
foundation is maintained at grade.
C. Exterior Materials.
i. Roof Materials: Roofs shall utilize thirty
(30) year architectural/dimensional shingles.
ii. Facades. Materials for cladding home and
accessory building facades shall be limited to
brick, stone, stucco, synthetic stucco
(E.I.F.S.), and horizontal lap siding (wood,
cement, cement fiber board, or vinyl siding
with thickness of at least 0.042 inches). A
dwelling on a corner lot shall have a street
side elevation that is clad with the same
17-1286
11/15/17
material that is the predominant material on
the front elevation of the dwelling.
d. Repetition. Dwelling units with the same elevations
may not be located adjacent to or directly or
diagonally across a street. This requirement does
not apply to dwellings on different streets backing
up to each other.
e.. Porches. All front entry stoops and front porches
shall •be constructed with continuous masonry
foundation walls, with brick or stone facing. Any
front porch of greater than, six (6) feet in width
shall have a minimum depth of five (5) feet.
f. Garages.
i. Design. The facade of front loaded garages
shall not to extend any farther forward from
the front facade of the dwelling than four (4)
feet on homes without covered front porches,.
and no more than three (3) feet in front of .a
front porch with contiguous roof, or more than
two ,(2) feet in front of porches without
contiguous roofs.
ii. Doors. Front loaded and corner side loaded
garages shall have an upgraded garage door,
which shall be a door that has at least two
(2) enhanced features. Enhanced features
shall include windows, raised panels,
-decorative panels, hinge straps on the door,
or other architectural features on the
exterior that enhance the garage entry (i.e.,
decorative lintels/cornices, shed roof
overhangs). Flat panel garage doors are
prohibited.
g. Exterior Lighting. There shall be an exterior
building lighting fixture on the front of each
dwelling, installed at front door, and on homes
with a street -facing garage door, installed above
the garage door. (P)
3,. Lot Improvement Standards.
a.Driveways. All driveways shall be paved using
poured in place concrete.
b. Front Walks. Each dwelling shall have a minimum
forty-two (42) inch wide concrete front ,walk from
the street or the driveway to the main front entry
door. '
C. Utility Area Screening. Any exterior HVAC features
and/or whole house generators shall be screened
from view from public roads using landscaping or
fencing.
d. Front Planting Bed. Each dwelling shall have a
front foundation planting bed of at least four (4)
feet in depth, and in cases where a dwelling side
faces a street, the planting bed shall -be extended
17-12.87
11/15/17
along such side. The planting bed shall be defined
with a trenched edge or suitable landscaping edging_
material, and shall be planted with medium shrubs
placed a minimum of five (5) feet apart, except
that at the front outside corner of the home, there
shall be a minimum three (3) foot tall accent shrub
planted in lieu of a medium shrub.
e. Tree Planting. Each lot shall have a deciduous tree
of at least 2 inch caliper planted in the front
yard.
f. Sodding of Yards. Front yards and corner side yards
shall initially be sodded, exclusive of mulched
flower and landscaping beds.
g. Through Lot Landscaping. Through lots shall have a
minimum of an aggregate of six (6) evergreen shrubs
and/or trees planted within the rear setback area,
with a minimum planting height of four (4) feet, to
minimize the view to the rear of the dwelling on
the lot. -
h. Screening of Dwelling at Rear Property Line.' A ten
(10) foot wide landscaping area will be provided on
along the rear property line of any lot that abuts
the rear property line of another lot within the
Property, except for lots that have wetlands that
separate dwelling locations on the respective lots,
and/or lots that have at least a thirty (30) foot
wide RPA Buffer along the rear property line.
Within this landscaping area, the applicant shall
install landscaping in accordance with Landscape B
(Option 1) as set forth in Table 19.1-251.B. of the
Zoning Ordinance. A landscape plan for each such
lot shall be submitted for review and approval by
the Planning Department at the time of building
permit application. Once the landscape plan has
been approved, the landscaping required by the
landscaping plan shall be installed prior to
issuance of'a certificate of occupancy for the unit
unless the Planning Department approves an
alternate installation schedule. (P)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17SN0784
In Midlothian Magisterial District, Chippenham and Johnston -
Willis Hospital requests conditional use to permit a computer
controlled variable message electronic sign and amendment of
zoning district map in Community Business (C-3) and
Agricultural (A) Districts 2 on 30 acres known as 1401
Johnston Willis Drive. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Regional Mixed use.
Tax ID 745-710-3080.
Mr. Gillies presented a summary of Case 17SN0784 and stated
the Planning Commission recommended approval; however, staff
recommended denial because the sign is located in the
17-1288
11/15/17
Chesterfield Towne Center Southport Area Special District and
does not provide the 1,000 -foot separation between FMC's.
Mr. -Brennen Keene, representing the applicant, accepted the
conditions and stated approval of a Conditional Use to
incorporate an EMC into a free-standing sign at the entrance
of the hospital complex is being proposed. He also noted the
approval of the Greater Southport Business Association.
In response to Mr. Holland's question, Mr. Gillies stated he
is not aware of discussions relative to the Planning
Commission's review of the EMC Policy.
Ms. Haley noted the Commission's review of the EMC Policy and
discussions relative to removal of the separation
requirements and the prohibition areas. She noted the support
of the Greater Southport Business Association. She stated the
sign would display emergency room wait times.
Mr. Keene confirmed that messages regarding flu shots and
other healthcare services provided by the medical center
would also be displayed.
Ms. Jaeckle stated the policy was intended to reduce visual
impacts of electronic message signs. She noted the proposed
sign is efficient and provides messages to the public.
Discussion ensued relative to establishing distance of EMC's
with the policy.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
Ms. Haley made a motion, seconded by Mr. Winslow, for the
Board to approve Case 17SN0784, subject to the conditions.
Mr. Holland stressed the importance of examining distance
standards of EMCs.
Mr. Elswick stressed the importance of the sign being visible
for people to locate the hospital.
Ms. Jaeckle called for a vote on Ms. Haley's motion, seconded
by Mr. Winslow, for the Board to approve Case 17SN0784,
subject to the following conditions:
1. The EMC sign shall be located in accordance with Zoning
Ordinance requirements and as generally depicted on
Exhibit D. (P)
2. Electronic Sign. The computer -controlled, variable
message, electronic sign shall conform to the following
standards:
a. Copy shall be limited to a maximum of three (3)
lines; limited to numerical and textual display as
generally depicted on Exhibits B & C, prepared: by
Superior Signs and dated 6/29/2017, and shall not
move but may fade;
b. The message or display shall be programmed to
change no more than once every thirty (30) minutes;.
17-1289
11/15/17
C. Sequential messaging shall be.prohibited;
d. Flashing and traveling. messages shall be
prohibited;
e. Bijou lighting and animation effects shall be
prohibited; and,
f. Brightness shall be limited so as not to exceed 0.3
foot candles above ambient light as measured using
a foot candle meter at a distance of 100 feet. The
computer -controlled, variable message, electronic
sign shall have a photocell that automatically
adjusts the brightness according to ambient light
conditions. (P)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
18SN0508
In Bermuda Magisterial District, AJM Development Company
requests rezoning from Townhouse Residential .(R-TH) and
Multifamily Residential (R -MF) to Multifamily Residential (R-
MF) plus conditional use planned development to permit
exceptions to ordinance requirements and amendment of zoning
district map on 25.7 acres fronting 600 feet on the east line
of Edenshire Road and 1,250 feet on the south line of
Rivington Drive, 500 feet south of Iron Bridge Road.
Residential use of up to 10.0 units per acre is permitted in
the Multifamily Residential (R -MF) District. The
Comprehensive Plan suggests the property is appropriate for
Medium -High Density Residential (Minimum 4.0 to 8.0 dwellings
per acre). Tax IDs 776-652-0051, 1462, 2477, 3293 and 6427;
and 777-652-2272.
Mr. Gillies presented a summary of Case 18SN0508 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions. He noted one
citizen spoke in .opposition at the Planning Commission
meeting.
Mr. Will Homiller, representing the applicant, accepted the
recommendation, and stated the conditions proffered are
reasonable under state law.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
approved Case 18SN0508 and accepted the following proffered
conditions:
AJM Development Company, as the property owner and. applicant
for the above -referenced case (the "Owner"), pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County (the "Zoning
Ordinance"), for itself and its successors or assigns,
proffers that the development of the property containing
approximately 25.63 acres located at the intersection of
Rivington Drive and Edenshire Road and designated as
Chesterfield County GPINs 776-652-6427-00000, 777-652-2272-
17-1290
11/15/17
00000, 776-652-3293-00000, 776-652-2477-00000, 776-652-1462-
00000, and 776-652-0051-00000, all as shown on 'a plat
prepared by Townes Site Engineering, dated June 15, 2017,
entitled "EXHIBIT of- 25.63 Acres of Land Situated At
Rivington Drive, State Route 1570 and Carver Heights Drive,
Bermuda District, Chesterfield County, Virginia", a copy of
which is filed with this Statement (the "Property"), will be
developed according to the following proffered conditions if,
and only if, the request submitted herewith is granted only
with those conditions agreed to by the Owner. In the event
the request is denied or approved with conditions not agreed
to by the Owner, the proffered conditions shall be
immediately null and void and of no further force or effect.
If the zoning is granted, these proffered conditions will
supersede all proffers and conditions now applicable to the
Property.
The application contains four exhibits, described as follows:
Exhibit A
Conceptual
2017 (the
- A plan entitled "The Reserve at Rivington
Plan" prepared by citedesign and dated October
"Conceptual Plan").
Exhibit B
- The elevation entitled "Clubhouse Front
Elevation" for Reserve at Rivington, Chesterfield County,
Virginia, prepared by Edward H. Winks - James D. Snowa
Architects P.C., and dated October 6, 2017 (the "Clubhouse
Elevation").
Exhibits C-1 and C-2 - The elevations entitled "Front
Elevation" and "Side Elevation" for Reserve at Rivington,
Chesterfield County, Virginia, each prepared by Edward H.
Winks - James D. Snowa Architects P.C., and dated October 6,
2017 (the "Multifamily Elevations").
Exhibit D - The elevation entitled "Garage Elevation" for
Reserve at Rivington, Chesterfield County, Virginia, prepared
by Edward H. Winks - James D. Snowa Architects P.C., dated
October 11, 2017 (the "Garage Elevation").
1. Master Plan. The Textual Statement dated October 13,
2017, shall be considered the "Master Plan". (P)
2. Number of Dwelling Units. The total number of dwelling
units on the Property shall not exceed 346 dwelling
units, and of that total, no more than 276 shall be
located on the portion of the Property designated as the
"Initial Development Property" on the Conceptual Plan
attached as Exhibit A. (P)
3. Size of Dwelling Units. No dwelling units constructed on
the Property shall contain more than two (2) bedrooms.
(P & B, I)
Community Design
4. Conceptual Layout Plan. Development of the Property
shall generally conform to the Conceptual Plan attached
as Exhibit A with respect to the orientation and
clustering of buildings and the general location of
buildings, parking areas, focal points and driveways,
subject to adjustments approved at the time of plan
review, provided such adjustments substantially retain
17-1291
11/15/17
the relationship of the buildings, parking areas and
driveways to each other and to rights of way, open
spaces and focal points. (P)
5. Additional Development Property. Prior to construction
of any residential buildings on the portion of the
Property designated as the "Additional Development
Property" on the Conceptual Plan attached as Exhibit A,
an updated Conceptual Plan depicting the proposed
development of the Additional Development Property shall
be presented to the Planning. Commission for its review
and approval. The updated Conceptual Plan shall show
that the additional development (i) is of the same
residential character as the remainder of the Property
with respect to the relationship of the buildings to
parking areas and driveways and other features, (ii)
provides vehicular and pedestrian connectivity with the
remainder of the Property and the public roads, and
(iii) includes open space and/or a focal point, all as
specifically approved by the Planning Commission. (P)
6. Clubhouse and Focal Points. A clubhouse of at least
- 3,000 square feet shall be constructed in the general
location shown on the Conceptual Plan and in general
conformance with the architectural appearance shown on
the Clubhouse Elevation attached as Exhibit B. A
certificate of occupancy shall be obtained for the
clubhouse prior to issuance of a certificate of
occupancy for the 100th dwelling unit on the Property.
An area adjacent to the clubhouse containing at least
0.5 acre shall be provided as a focal_ point with
amenities for residents of the project, including a
swimming pool to be constructed simultaneously with the
clubhouse. One or more additional areas of open space
cumulatively containing at least 0.75 acre shall be
provided as focal points for residents of the project,
generally in the locations shown on the Conceptual Plan
attached as Exhibit A, subject to adjustments made
pursuant to Proffer No. 4 above. Within each focal point
area, a decorative hardscaped area featuring benches and
other amenities that accommodate and facilitate
neighborhood,gatherings shall be provided, and the exact
location and design shall be subject to review and
approval at the time of plan review. (P)
7. Pedestrian Connectivity. Sidewalks and walkways shall be
provided generally around the perimeter of the developed
portions of the Property and internal to the Property,
including along internal driveways that provide general
circulation within the Property, to provide connectivity
among parking areas, residences, amenities and Rivington
Drive. (P)
8. Landscaping and --Fencing. Landscaping shall be provided
around the perimeter of all buildings, between buildings
and driveways, within medians and within common areas
not occupied by recreational facilities or other
structures. Landscaping shall be designed to minimize
the predominance of building mass and paved areas,
define private spaces and enhance the residential
character of the project. The exact numbers, spacing,
arrangement and species of plant materials, including
any trees along the project's frontage on Rivington
17-1292
11/15/17
Drive and along internal driveways, shall be approved
pursuant to a landscape plan at the time of plan review.
Foundation planting beds shall be incorporated within
such landscape plan along the facades of buildings which
face public streets and internal driveways and shall (i)
have a width of at least four feet from the building
foundation, (ii) be defined with a trenched edge or
suitable landscape edging material, and (iii) include
medium shrubs spaced a maximum of four (4) feet apart or
an alternate plant variety approved at the time of plan
review. Additionally, decorative fencing approximately
42 inches in height and featuring brick piers
approximately 30 feet apart, shall be installed along the
,project's frontage on Rivington Drive, as approved at
plan review. (P)
9. Sod and Irrigation. Sod and irrigation shall be required
for the Property's frontage on Rivington Drive and
within focal points, except where such areas have been
improved with hardscape, planting beds or other areas
where grass is not grown. (P) _
1O.Light Poles. Light poles on the Property shall have a
maximum height of fifteen (15) feet. Sidewalks,
walkways and other pedestrian areas shall be lit by
pedestrian -style lights in accordance with a lighting
plan to be approved at the time of plan review. (P)
11.HVAC Screening. Ground -level HVAC equipment shall be
screened from view from streets and public areas within
the Property in a manner approved at the time of plan
review. (P)
Architecture and Building Design
12.Elevations and Building Materials. Development of the
Property shall be in general conformance with the
architectural appearance shown on the Multifamily
Elevations attached as Exhibits C-1 and C-2, it being
understood that the rears of residential buildings will
generally conform with the architectural appearance
shown on the front elevations. All exposed exterior
portions of each building shall be constructed of brick,
brick veneer, cement board siding or other materials of
similar quality, durability, and appearance, but not
vinyl siding, as approved at plan review'. Roofs shall be
of dimensional architectural shingles or better with a
minimum life of 30 years. (P)
13.Building Height. Buildings shall have no more than
three (3) stories and shall not exceed a height of
fifty-five (55) feet, except for chimneys which shall
not exceed a height of fifty-nine (59) feet. (P)
14.Garage doors. Any garages shall be in general
conformance with the architectural appearance shown on
the Garage Elevation attached as Exhibit D and 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 overhands,
17-1293
11/15/17
arches, columns, keystones, eyebrows, etc.). Flat panel
garage doors are prohibited. (P)
Utilities and Transportation
15.Utilities. The public water and wastewater systems
shall be used. (U)
16.Cash Proffer. For each dwelling unit, the applicant
shall pay a cash proffer to the County of Chesterfield
for road improvements within the service district for
the property. Each payment shall be made prior to the
issuance of a building permit for a dwelling unit,
unless state law modifies the timing of the payment.
The amount of the cash proffer payments for each unit
shall be $5,640.00 (the "Road Cash Proffer Payment").
Once units have been approved for payments that would
equal a cumulative total of $170,000, the applicant
shall begin making the Road Cash Proffer Payment for any
additional unit(s) 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 (or credited, as described
above) shall be in lieu of or credited toward, but not
-be in addition to, any impact fees, in a manner
determined by the County.
17.Traffic Signal. The developer shall be responsible for
the full cost of traffic signalization at the Edenshire
Road/Ironbridge Road intersection, if warranted by
development of the Property, as determined by the
Transportation Department in connection with site plan
approval. (T)
18.Right-of-Way. The developer shall be responsible for
the dedication to Chesterfield County, free and
unrestricted, of any additional right of way (or
easements) required for the improvements identified in
Proffer No. 17 above. In the event any additional right
of way is required for the improvements identified in
Proffer No. 17 above, the developer may request, in
writing, the County to acquire such right of way as a
public road improvement. All costs associated with the
acquisition of the right of way shall be borne by the
developer. In the event the County chooses not to assist
the developer in acquisition of the additional right of
way, the developer shall be relieved of the obligation
to acquire the additional right of way and shall be
obligated to construct the improvements only within
available public right of way, as determined by the
Transportation.Department. (T),
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
18SN0510
In Bermuda Magisterial District, Rivers Bend Development
Company L.P. requests amendment of zoning approval (Case
95SN0109) to amend cash proffers, density, and development
standards and amendment of zoning district map in a
Neighborhood Business (C-2) District on 6.9 acres located in
the southwest quadrant of Rivers Bend Boulevard and Kinston
17-1294
11/15/17
Avenue. Density will be controlled by. zoning conditions or
ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Industrial use. Tax ID 817-655-
2577.
Mr. Gillies presented a summary of Case 18SN0510 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions. He noted one
citizen spoke during the Planning Commission meeting
regarding the provision of ample parking.
Mr. Andy Scherzer, representing the applicant, accepted the
recommendation and stated he believes the conditions
proffered are reasonable under state law.
Ms. Jaeckle-called for public comment.
There being no one to address the issue, the public hearing
was closed..
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
approved Case 18SN0510 and accepted the following proffered
conditions:
With the approval of this request, Proffered Condition C. and
Item II.C.d of the Textual Statement of Case 95SN0109 shall
be amended as outlined below." Item II.C.a of the Textual
Statement and footnote 9 of Chart III under item II.A of the
Textual Statement of Case 95SN0109 shall be deleted. All
other conditions of 95SN0109 shall remain in force and
effect.
The Applicant amends Proffered Condition C. to read as
follows:
1. Road Cash Proffer.
a. The applicant, sub -divider, or assignee(s) shall
pay $5,922 for.each 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 building permit 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 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. (B and M)
The Applicant amends Item II.C.d of the Textual Statement to
read as follows:
2. A maximum of thirty-eight (38) lots shall be permitted
on Tax ID 817-655-2577. (P)
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11/15/17
The applicant , hereby offers the following proffered
conditions:
3. Architectural/Design Elements for Townhouse Units.
a. Driveways and Front Walks.
i. Driveways: All portions of driveways and
parking areas shall be brushed concrete,
stamped concrete, exposed aggregate concrete,
or decorative pavers. Gravel and asphalt
driveways shall not be permitted.
ii. Front Walks: A minimum of a three (3) foot wide
concrete, or decorative pavers, front walk
shall be provided to the front entrance of each
dwelling unit, to connect to drives, Sidewalks,
or streets.
b. Landscaping and Yards.
i. Front Yards: Except for the foundation planting
bed, all front yards shall be sodded and
irrigated.
ii. Front Foundation Planting Beds: Foundation
planting is required along the entire front
facade of all dwelling units, and shall extend
along all sides facing a street. Foundation
planting beds shall be a minimum of three (3)
feet wide from the unit foundation. Planting
beds shall include medium shrubs spaced a
maximum of four (4) feet apart. Unit corners
shall be visually softened with vertical accent
shrubs (4'-51) or small' evergreen trees (6'-81)
at the time of planting.
C. Architecture and Materials.
i. Unless deviations are approved by the Planning
Commission during site plan review, the
architectural treatment of the townhouse
development shall be compatible and consistent
with Exhibit A.
ii. If the dwelling unit is constructed on a slab,
brick or stone shall be employed around the
base of the, front and sides of the dwelling
unit a minimum twenty-four (24) inches above
grade as to give the appearance of a
foundation.
iii. Acceptable siding materials include brick,
stone, masonry, vinyl siding, fiber cement
siding (such as HardiPlank, HardieShingle, and
HardieTrim), or engineered wood siding (such as
LP SmartSide). Vinyl siding shall be premium
quality with a minimum wall thickness of 0.044
inches. Dutch lap, plywood and metal siding are
not permitted.
17-1296
11/15/17
f�
iv. Other materials may be used for trim,
architectural decorations, or design elements
provided they blend with the traditional and
cottage style architecture, as generally
depicted on Exhibit A.
v. All front entries shall be covered with a solid
porch roof. At least one unit in each group of
front loaded townhouses shall provide a front
porch design extending to include the garage to
provide variety and vertical breaks to the
units.
vi. Dwelling units with the same. elevations and
color palette may not be adjacent to each other
on the same street.
vii. Special focus units, typically located at the
end of a street intersection, and/or against
common open space, shall have an embellished
facade with enhanced features. Embellished
facades may include a: mixing of materials,
gables, dormers_, entryway details, shutters, or
other architectural features on the, exterior
that enhance the entry (i.e. decorative
lintels, shed roof overhangs, arches, columns,
keystones, eyebrows, etc.). These units may
also utilize enhanced landscaping to reinforce
the streetscape, with shade trees, garden
walls, hedges, shrubs, etc. to help define the
front yard and street edge.
viii. Units with rear elevations facing Kingston
Avenue and side elevations facing Rivers Bend.
Boulevard, shall utilize enhanced landscaping
to minimize the view to rear and side
elevations and reinforce the streetscape, with
shade trees, garden fences, hedges, shrubs,
etc. to help define the back yards and street
edge. Rear yard/patio areas of these units
shall be screened from view of the roads by
fencing, landscaping, _or a combination.
Elevations that are still visible to Kingston
Avenue and Rivers Bend Boulevard shall utilize
enhanced architectural features on the exterior
that create an embellished facade, such as
mixing of materials, gables, dormers, shutter,
or other features (i.e. decorative lintels,
shed roof overhangs, arches, columns,
-keystones, eyebrows, etc.).
d. Roof Material: Roofing material shall be standing
seam metal or, a thirty (30) year architectural
dimensional shingles with algae protection.
e. Porches and Stoops.
i. Front Porches: Front entry stoops and front
porches shall be constructed with continuous
masonry foundation walls. Extended front
porches shall be a minimum of four (4) feet
deep. Where provided or required by code on
elevated porches, handrails and railings shall
17-1297
11/15/17
be finished painted wood, vinyl or metal
railing with vertical pickets or swan
balusters. Pickets shall be supported on top
and bottom rails that span between columns.
ii. Front Porch Flooring: Porch flooring may be
concrete, exposed aggregate concrete, or a
finished paving material such as stone, tile
or brick, finished (stained) wood, or properly
trimmed composite decking boards. All front
steps shall be masonry to match the
foundation.
f. Garages.
i. Front loaded attached garages shall be
permitted to extend as far forward from the
front line of the main dwelling as the front
line of the front porch provided that the
rooflines of the porch and garage are
contiguous. Where the rooflines are not
contiguous, garages shall be permitted to
project a maximum of two (2) feet forward of
the front line of the main dwelling.
ii. 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) enhances 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.
g. Heating, Ventilation and Air Conditioning (HVAC)
Units and Whole 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 and BI)
4. Vehicular Access.
a. No direct vehicular access shall be provided from
the property to Rivers Bend Boulevard.
b. Direct vehicular access from the property to
Kingston Avenue shall be limited to one (1) public
road. The Transportation Department shall approve
the exact location of this access. (T)
5. Road Improvements. In conjunction with initial
development, the following road improvements shall be
completed, as determined by the Transportation
Department.
a. Construction of additional pavement along Kingston
Avenue to provide left and right turn lanes at the
approved access.
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11/15/17
b. Construction of a sidewalk along the south side of
Rivers Bend Boulevard and along the west side of
Kingston Avenue for the entire property frontage.
c. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. (T)
6. Focal Point/Recreation-Area.
a_. A minimum of 7,150 square feet of open
space/recreation area shall be provided within this
property to provide a "focal point". The focal
point area shall be hardscaped and have benches and
other amenities that accommodate and facilitate
gatherings: The focal points shall be developed
concurrent with the phase of development that the
focal point is intended to serve.
b. Recreational -space shall be provided- and designed
to include pedestrian scale amenities, such as, but
not limited to: decorative paving units, benches,
landscaped areas, plantings, gathering areas,
community gardens, walking trails located within
communal area or open space and other pedestrian
elements.
C. A covered community gathering space such as a
pavilion, gazebo, or similar structure ("Pavilion")
shall be provided on the Property.
i. The Pavilion shall be a minimum of 120 square
feet in size and the design of the Pavilion
shall be ' compatible with the architecture -of
the community.
ii. The exact location of the -Pavilion shall be
determined at the time of the initial
construction plan.approval.
iii. Once the location is identified, the Pavilion
shall be constructed as part ,of that row or
group of townhouses immediately adjacent to the
Pavilion location.
iv. Notwithstanding the provisions above, the
Pavilion shall be under construction prior to
the issuance of the 20th building permit. (P and
BI)
7. Streetscape.
a. Large mature trees, planted approximately 40' on
center, shall.be provided along the Public Roads of
front loaded lots, along Kingston Avenue, and 'the
Recreational Area, except where there is a conflict
with utilities, sightlines, and driveway areas.
b. Small ornamental trees shall be provided between
groups of front -loaded lots, except where there is
a conflict with utilities.
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11/15/17
C. The SWM/BMP, generally located near the western
property line, shall be screened with landscaping.
(P and EE)
8. Sidewalks: Sidewalks shall be provided on both sides of
all public streets at general circulation where houses
are fronting. ( P )
9. Additional Buffers and Fences.
a. A ten (10) foot wide buffer shall be provided along
the southern parcel lines adjacent to Tax ID 817-
655-6707 and Tax ID 817-655-9934 (running
generally perpendicular to Kingston Avenue). The
buffer shall be located in common area and shall
consist of a row of evergreen trees and a six (6)
foot, privacy fence. The exact quantity and species
of plant material and the fence location and color
will be determined at time of Construction Plan
Review. If Tax ID 817-655-6707 is developed
residentially, then the stub road street shall be
permitted to cross this buffer.
b. A five (5) foot wide buffer shall be provided along
the southeastern parcel line adjacent to Tax ID
817-655-9934 (running generally parallel to
Kingston Avenue). The buffer shall be located in
common area and shall consist of a row of evergreen
shrubs and a six (6) foot privacy fence. The exact
quantity and species of plant material and the
fence location and color will be determined at time
of Construction Plan Review.
C. A minimum thirty (30) foot buffer shall be provided
and maintained in accordance with Zoning Ordinance
requirements for thirty (30) foot buffers along the
property line adjacent to Tax ID 816-655-8684.
d. Chain link fence shall be prohibited, except for
use at BMP.
e. Prior to the issuance of the first occupancy
permit, the fences shall be installed along the
property lines adjacent to Tax ID 817-655-6707 and
tax ID 817-655-9934.
f. Any rear yard fences constructed shall be fiber
cement lumber, composite, vinyl and/or comparable•
material. The height of the rear yard fences shall
not exceed six (6) feet. (P and EE)
10. Lighting. Light poles shall not exceed twenty (20) feet
in height. (P)
11. Maintenance of Building Exteriors and Common Areas. The
homeowner's association for the development shall be
responsible for properly maintaining and repairing on-
site improvements including, but not limit to, all
Common Areas, driveways, lot landscaping, lighting,
fencing, street trees, sidewalks, and dwelling unit
exteriors to exclude windows and doors. Periodic
cleaning and painting of doors, windows and trim will be
done by the homeowner's association. Dwelling unit
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11/15/17
interiors are expressly excluded from the homeowner's
association's maintenance and repair obligations. All
areas of common area concrete shall be maintained by the
homeowner's association without pot holes and ruts. The
homeowner's association shall ensure that the affairs of
the homeowner's association are professionally managed,
including the homeowner's association's maintenance and
repair obligations. (P)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
18SN0518
In Midlothian Magisterial District, Steve Shaffer requests
amendment of zoning approval (Case 05SN0249) relative to a
tree preservation strip and setbacks and amendment of zoning
district map in a Residential (R-15) District on -0.7 acre
known as 3649 Stone Harbor Drive. 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 1.0 dwelling per
acre) . Tax ID 726-727-71128.
Mr. Gillies presented a summary of Case 18SN0518 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions. He noted several
citizens spoke in opposition of the case at the Planning
Commission meeting.
Mr. Jack Wilson, representing the applicant, accepted the
~` recommendation and stated he believes the conditions
proffered are reasonable under state law.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
Ms. Haley made a motion, seconded by Mr. Elswick, for the
Board to approve Case 18SN0518 and accept the proffered
conditions.
In response to Mr. Elswick's question, Mr. Drew Noxon stated
the encroachments of new structures into the 50 -foot tree.
preservation strip measures 6.5 feet.
Ms. Jaeckle called for vote on Ms. Haley's motion, seconded
by Mr. Elswick, for the Board to approve Case 18SN0518 and
accept the following proffered conditions:
The property owner and applicant in this case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of . Chesterfield County, for
themselves and their successors and assigns, proffer that the
property under consideration (the "Property") will be
developed according to the following proffers if, and only
if, the request submitted herewith is granted with only those
conditions agreed -to by the owner and applicant. In the event
this request is denied or approved with conditions not agreed
to by the owner and applicant, the proffers shall immediately
be null and void and of no further force or effect.
17-1301
11/15/17
Notwithstanding the requirements of Proffered Condition 14 of
Case 05SN0249, the improvements on the property listed as
GPIN 7267277128 related to the fireplace, patio and other
existing structures depicted on Exhibits A and B shall be
permitted to encroach within the 50' foot tree preservation
strip and the 10' building setback. All other requirements of
Proffered Condition 14 of Case 05SNO249 shall remain in
effect. (P)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
1 ASN01 f) F;
In Bermuda Magisterial District, Moises Ramirez and Maria
Mate requests a temporary manufactured home permit and
amendment of zoning district map in a Residential (R-7)
District on 0.2 acres known as 10114 Brightwood Avenue.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Residential use 2.51 to 4.0 units/acre. Tax
ID 793-666-9401.
Ms. Amy Somervell presented a summary of Case 18SNO106 and
stated staff recommended denial because the manufactured home
is no longer in keeping with area development and the new
applicant for an existing manufactured home may set a
precedent for ownership transfer. She stated staff's
inspection of the property revealed the manufactured home and
property to be maintained in good condition. She further
stated the manufactured home was replaced in 2008 by another
applicant. She stated although the home is being maintained,
due to the neighborhood experiencing new investment in the
construction of single-family dwellings, the manufactured
home is no longer in character with the new development.
In response to Mr. Holland's question, -Ms. Somervell stated
in 1985 staff had identified up to 17 other manufactured
homes located within a quarter mile of this request; however,
currently there are five. She further stated staff
recommended denial because the home is no longer in keeping
with area development. She noted home.'values were not
considered.
In response to Mr. Winslow's questions, Ms. Somervell stated_
she did not know the average home assessment of the
neighborhood. She further stated the manufactured home and
property were well maintained upon inspection with no
complaints from neighboring residents. She stated the home is
not placed on a permanent foundation and is skirted.
In response to Mr. Holland's question, Ms. Somervell stated
the applicant is the owner of the manufactured home.
Ms. Maria Mate accepted the conditions.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
Ms. Jaeckle noted the history of the property. She stated the
applicant owns the home and has maintained the property. She
further stated there should be alternatives within the policy
to build other structures on smaller lots.
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11/15/17
Ms. Jaeckle then made a motion, seconded by Mr. Winslow, for
the Board to approve Case 18SN0106, subject to the
conditions.
Mr. Winslow concurred with Ms. Jaeckle 's remarks and
commented that the home is an example of what affordable
housing looks like in Chesterfield County.
In response .to Mr. Elswick's question, Ms. Somervell stated
the applicant bought the home in October.
Ms. Jaeckle stated the conditions are not always disclosed to
the owner of manufactured homes.
Ms. Jaeckle called for a vote on her motion, seconded by Mr.
Winslow, for the Board to approve Case 18SN,0106, subject to
the following conditions:
1. The applicant shall be the owner and occupant of
the manufactured home. (P)
2. No permanent -type living space may be added to the
manufactured home. This manufactured home shall be
skirted but shall not be placed on a permanent
foundation. (P)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO CONSIDER AMENDING AND REENACTING CHAPTER 9, ARTICLE
II, DIVISION 3 OF THE COUNTY CODE TO ADD SECTION 9-34,
EXEMPTION FOR SURVIVING SPOUSES OF CERTAIN EMERGENCY
SERVICES PROVIDERS KILLED IN THE LINE OF DUTY
Mr. Mincks stated this date and time has been advertised for
the Board to consider amending and reenacting Chapter 9,
Article II, Division 3 of the County Code to add Section 9--
34, relating to tax exemption for surviving spouses of
certain emergency services providers killed in the line of
duty. He further stated the proposed ordinance would provide
an exemption from real estate taxation for the qualifying
real property of surviving spouses of certain emergency
services providers killed in the line of duty as determined
by the Comptroller and the Virginia Retirement System. He
stated individuals eligible for the exemption are the
surviving spouses of emergency services providers who are
killed in the line of duty and are qualified to receive
benefits as beneficiaries under the state Line of Duty Act.
He further stated the exemption applies only to the principal
dwelling of the spouse and it no longer applies if the spouse
moves out of the County or remarries. He, stated staff
estimates that the fiscal impact is about $20,000 per year,
but that figure could increase if more spouses qualify for
exemption.
Ms. Jaeckle called for public comment.
Ms. Jenefer Hughes urged the Board to adopt the proposed
ordinance. -
17-1303
11/15/17
There being no one else to address the issue, the public
hearing was closed.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING CHAPTER 9 FINANCE AND TAXATION, ARTICLE II,
DIVISION 3
TO ADD A NEW § 9-34 PROVIDING A REAL ESTATE TAX EXEMPTION FOR
SURVIVING SPOUSES OF CERTAIN EMERGENCY SERVICES PROVIDERS
KILLED IN THE LINE OF DUTY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Chapter 9, Article II, Division 3 of the Code of
the County of Chesterfield, 1997, as amended, is amended and
re-enacted by adding the.following § 9-34:
Chapter 9
FINANCE AND TAXATION
Sec. 9-34. Exemption for Surviving Spouses of Certain
Emergency Services Providers Killed in the Line of Duty
(a) The purpose of this section is to provide an
exemption from taxation for the qualifying real property
of spouses.of certain emergency services providers
killed in the line of duty. This section is authorized
by Va. Constitution, Art. 10, § 6-B and Code of
Virginia, Title 58.1, Ch. 32, Art. 2.5, §§ 58.1-3219.13
through 58.1-3219.16.
(b) As used in this section, unless the context
requires otherwise, "covered person" means any person
set forth in the definition of "deceased person" in Va.
Code § 9.1-400 whose beneficiary, as defined in Va. Code
§ 9.1-400, is entitled to receive benefits under Va.
Code § 9.1-402, as determined by the Comptroller prior
to July 1, 2017, or as determined by the Virginia
Retirement System on and after July 1, 2017.
(c) Pursuant to Article X, Section 6-B of the
Constitution of Virginia, for tax years beginning on
January 1, 2018, the real property described in
subsection (d) of the surviving spouse of any covered
person who occupies the real property as his principal
place of residence is exempt from taxation. If the
covered person's death occurred on or prior to January
1, 2017, and the surviving spouse has a principal
residence on January 1, 2017, eligible for the exemption
under this section, then the exemption for the surviving
spouse shall begin on January 1, 2017. If the covered
person's death occurs after January 1, 2017, and the
surviving spouse has a principal residence eligible for
the exemption under this section on the date that such
covered person dies, then the exemption for . the
surviving spouse shall begin on the date that such
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11/15/17
covered person dies. If the surviving spouse acquires
the property after January 1, 2017, then the exemption
shall begin -on the date of acquisition, and the previous
owner may be entitled to a_refund for a pro rata portion
of real property taxes paid pursuant to Va. Code § 58.1-
3360. The County shall not be liable for any interest
on any refund due to the surviving spouse for taxes paid
prior to the surviving spouse's filing of the affidavit
required by subsection (i). Any such refund shall
payable subject to the applicable provisions of Va. Code
§§ 58.1-3980 through -3995.
(d) Those dwellings in the county with assessed values
in the most recently ended tax year that are not in
excess of the average assessed value for such year of a
dwelling situated on property that is zoned as single-
family residential shall qualify for a total exemption
from real -property taxes under this section. If_ the
value of a dwelling is in excess of the average assessed
value as described in this subsection, then only that
portion of the assessed value in excess of the average
assessed value shall be subject to real property taxes,
and the portion of the assessed value that is not in
excess of the average assessed value shall be exempt
from real property taxes. Single-family homes,
condominiums, town homes, manufactured homes as defined
in Va. Code § 46.2-100 whether or not the wheels and
other equipment previously used for mobility have been
removed, and other types of dwellings of surviving
spouses, whether or not the land on which the single-
family home, condominium, town home, manufactured home,
or other type of dwelling of a surviving spouse is
located is owned by someone other than the surviving
spouse, that (i) meet this requirement and (ii) are
occupied by such persons as their principal place of
residence shall qualify for the real property tax
exemption. If the land on which the single-family home,
condominium, town home, manufactured home, or other type
of dwelling is located is not owned by the surviving
spouse, then the land is not exempt.
..For purposes of determining whether a dwelling, or a
portion of its value, is exempt from county .real
property taxes, the average assessed value shall be such
average for all dwellings located within the county that
are situated on property zoned as single-family
residential.
(e) The surviving spouse shall qualify for the
exemption so long as the surviving spouse does not
-remarry and continues to occupy the real property as his
or her principal place of residence. The exemption
applies without any restriction on the spouse's moving
to a different principal place of residence.
(f) The exemption from real property taxes is provided
for (i) the qualifying dwelling, or -that portion of the
value of such dwelling and land that qualifies for the -
exemption pursuant to subsection d, and (ii) with the
exception of land not owned by,the surviving spouse, the
land, not exceeding one acre, upon which it is situated.
A real property improvement other than a dwelling,
including the land upon which such improvement is
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11/15/17
situated, made to such one acre exempt from taxation
pursuant to this subsection shall also be exempt from
taxation so long as the principal use of the improvement
is (a) to house or cover motor vehicles or household
goods and personal effects as classified in subdivision
A 14 of Va. Code § 58.1-3503 and as listed in Va. Code
58.1-3504 and (b) for'other than a business purpose.
(g) For purposes of this exemption, real property of
any surviving spouse of a covered person includes real
property (i) held by a surviving spouse as a tenant for
life-, (ii) held in a revocable inter vivos trust over
which the surviving spouse holds the power of
revocation, or (iii) held in an irrevocable trust under
which the surviving spouse possesses a life estate or
enjoys a continuing right of use or support. Such -real
property does not include any interest held under a
leasehold or term of years.
(h) In the event that (i) a surviving spouse is
entitled to an exemption under this section by virtue of
holding the property in any of the three ways set forth
in subsection (g) and (ii) one or more other persons
have an ownership interest in the property that permits
them to occupy the property, then the tax exemption for
the property that otherwise would have been provided
shall be prorated by multiplying the amount of the
exemption by a fraction the numerator of which is 1 and
the denominator of which equals the total number of
people having an ownership interest that permits them to
occupy the property.
In the event that the principal residence is jointly
owned by two or more individuals including the surviving
spouse, and no person is entitled" to the exemption under
this section by virtue of holding the property in any of
the three ways set forth in subsection _(g), then the
exemption shall be prorated by multiplying the amount of
the exemption by a fraction the numerator of which is
the percentage of ownership interest. in the dwelling
held by the surviving spouse and the denominator of
which is 100.
(i) The surviving spouse claiming the exemption under
this section shall file with the real estate assessor,
on forms to be supplied by the department of real estate
assessments, an affidavit (i) setting forth the
surviving spouse's name, (ii) indicating any other joint
owners of the real property, (iii) certifying that the
real property is occupied as the surviving spouse's
principal place of residence, and (iv) including
evidence of the determination of the Comptroller or' the
Virginia Retirement System pursuant to subsection (b).
The surviving spouse shall also provide documentation
that he or she is the surviving spouse of a covered
person and of the date that the covered person died.
The surviving spouse is required to refile the
information required by this subsection 'when the
surviving spouse's principal place of residence changes.
The surviving spouse shall promptly notify the
department of real estate assessments if he or she
remarries.
17-1306
11/15/17
i
i
(j) The fact that surviving spouses who are otherwise
qualified for tax exemption pursuant to this section are
residing in hospitals, nursing homes, convalescent
homes, or other facilities for physical or mental care
for extended periods of time shall not be construed to
mean that the real estate for which tax exemption is
sought does not continue to be the sole dwelling of such
persons during such extended periods of other residence,
so long as such real estate is not used by or leased to
others for consideration.
0 0 0
(2) That this ordinance shall become effective January 1,
2018.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17.B. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION -OF RIGHT-OF-WAY AND EASEMENTS FOR, THE
ROUTE 10 WIDENING PROJECT FROM ROUTE 1 TO I-95
Mr. Jesse Smith stated this date and time has been advertised
for the Board to consider the exercise of eminent domain for
the acquisition of, right-of-way and easements for the Route
10 Widening Project from Route 1 to I-95. He further stated
in October 2011, the Board authorized staff to proceed with
the Route 10 Widening. Project from Route 1 to I-95, including
acquisition of right-of-way. He stated the widening will help
relieve traffic congestion in the area. He further stated the
county needs to acquire variable width right-of-way,
temporary and permanent construction easements, permanent
drainage easements as well as utility easements in order to
construct the project. He stated the county's right -of" -way
acquisition consultant has been successful in acquiring
right-of-way and easements from seven of, the twelve property
owners impacted by the project. He further stated the
county's consultant has been unable to reach agreement with
five property owners and recommends eminent domain in order
to allow utility relocations to take place in advance of the
road widening.
In response to Mr. Elswick's question, Mr. Smith stated any
delay of the project would risk the loss of the utility
contract.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
In response to Mr. Holland's question, Mr. Smith stated the
offers are either the result of an appraisal or
administrative report.
In response to Mr. Elswick's question, Mr. Smith stated staff
will continue to negotiate the property owners.
In response to Ms. Jaeckle's question, Mr. Smith stated staff
will continue negotiations with Ambay, Inc; however, the
property will have minimal impact. Regarding Autolease, Inc.,
he stated there were changes in the state code that permit
owners to receive compensation for two years, subsequent to
completion of the project.
17-1307
11/15/17
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
authorized the exercise of -eminent domain for the acquisition
of right-of-way and easements for the Route 10 Widening
Project from -Route 1 to I-95, including the filing of
certificates of deposit, so that utility relocations and
construction may begin prior to the commencement of eminent
domain proceedings, for the properties listed in "Attachment
A" filed with the papers of this Board.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining manufactured home permits or zoning
requests at this time.
19. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Ron Hayes expressed concerns relative to the external
audit- investigation of the school system's Supplemental
Retirement Program.
Mr. Ken Davis commended the mission of the Department of
Community Enhancement and expressed concerns relative to
revisions to the school system's Supplemental Retirement
Program.
6. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1), CODE
OF VIRGINIA, 1950, AS AMENDED, FOR DISCUSSION AND
CONSIDERATION OF PROSPECTIVE CANDIDATES FOR EMPLOYMENT
FOR THE POSITION OF CHIEF OF POLICE
On motion of Mr. Holland, seconded by Ms. Haley, the Board
went into closed session pursuant to Section 2.2-3711(A)(1),
Code of Virginia, 1950, as amended, for discussion and
consideration of prospective candidates for employment for
the position of Chief of Police.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
Reconvening:
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
certified that to the best of each Board members' knowledge
only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of
Information Act, and only such public business matters as
were, identified in the motion by which.the closed session was
convened, were heard, discussed or considered in the closed
session by the Board of Supervisors.
Mr. Winslow: Aye.
Mr. Elswick: Aye.
Ms. Haley: Aye.
Ms. Jaeckle: Aye.
Mr. Holland: Aye.
17-1308
11/15/17
20. ADJOURNMENT
On motion of Mr. Winslow, seconded by Ms. Haley, the Board
adjourned at 8:58 p.m. to December 5, 2017, at 5:00 p.m. for
a joint meeting with the School Board and members of the
county's Legislative Delegation at the Chesterfield
Technical Center at Hull Street.
Ayes.: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
P. Casey Dorot A. Jak,6kle
ty Administrat r Chairman
17-1309.
11/15/17