2024-08-28 MinutesBOARD OF SUPERVISORS MINUTES AUGUST 28, 2024
8/28/2024 Page 1 of 80
A video recording of this meeting may be viewed at
https://www.chesterfield.gov/244/Agendas-and-Minutes.
Supervisors in Attendance:
Mr. James M. Holland, Chair
Dr. Mark S. Miller, Vice Chair
Mr. James A. Ingle, Jr.
Ms. Jessica L. Schneider
Mr. Kevin P. Carroll
Dr. Joseph P. Casey
County Administrator
Mr. Holland called the meeting to order at 2 p.m.
1. Approval of Minutes
On motion of Ms. Schneider, seconded by Dr. Miller,
the Board approved the minutes for the Board of
Supervisors meeting on July 24, 2024, Congressman
Wittman's visit to the Chesterfield County Jail on
August 6, 2024, and the VACo County Officials' Summit
on August 15, 2024, as submitted.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
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. Everyday Excellence - Accounting and Budget and Management Departments
Dr. Casey provided details of the Government Finance
Officers Association (GFOA) Triple Crown, which is
considered a significant accomplishment for a
government and its management. The Triple Crown
recognizes governments that have received three awards
from the GFOA:
• Certificate of Achievement for Excellence in
Financial Reporting, which is considered the
highest form of recognition for governmental
accounting and financial reporting and is given
to governments that go beyond the minimum
requirements of generally accepted accounting
principles to create annual financial reports
that are transparent and fully disclose
information;
• Popular Annual Financial Reporting Award; and
• Distinguished Budget Presentation Award.
Mr. Matt Harris, Deputy County Administrator for
Finance and Administration, provided additional
details about the Triple Crown and stated the county
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has achieved this recognition for four years in a row.
Several employees from the Accounting and Budget and
Management departments, including directors Ms.
Consuela Wilson and Mr. Gerard Durkin, were present to
receive the recognition.
Board members congratulated the departments and
expressed appreciation for their efforts to achieve
these high honors.
4. Work Sessions
A. Fire and Emergency Medical Services Annual Update
Chief Loy Senter provided the Board with an annual
update on the activities, initiatives, and challenges
of the Fire and Emergency Medical Services department.
He honored the memory of department members who lost
their lives in the line of duty. He shared many recent
awards and recognitions. He reviewed recruitment and
hiring processes and turnover rates. He provided
statistics of call volume, incident activity, and
service demands. He discussed a major initiative to
reduce the reliance on overtime. He provided details
of several successful alternative programs for EMS,
which include mobile integrated health (MIH), a
substance abuse program, and a whole blood program. He
announced the upcoming dedication and ribbon cutting
ceremony for the new Matoaca Fire Station, which has
been in operation since June 17, 2024. He provided
details of the project to construct a new facility to
replace Chester Fire Station. He discussed the major
challenge of continued decline in the participation
levels of volunteer rescue squads. He described the
complexities of community growth and announced the
department's application for a federal Staffing for
Adequate Fire and Emergency Response (SAFER) grant,
which, if successful, will allow the department to
increase the minimum staffing levels on four engine
companies to four firefighters each. He updated the
Board on the progress in completing recommendations
that were included in the Emergency Services
Consulting International (ESCI) report, many of which
will require a significant investment of time and
resources and will not be accomplished quickly. He
stated the department will continue to work with the
Learning & Performance Center to finalize and publish
its new strategic plan, and those recommendations from
the study that can be reasonably pursued over the next
five years will be included as goals in the new
strategic plan.
Discussion and questions ensued relative to the
information provided during the presentation.
B. Registrar's Update
Ms. Missy Vera, General Registrar and Director of
Elections, provided the Board with an update on the
upcoming general election to be held on November 5,
2024. She expressed appreciation for the Electoral
Board, her staff, and officers of election, and
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encouraged citizens to apply to serve as an officer of
election. She reviewed important dates and deadlines
and stated public service announcements would be
circulating. She encouraged voters to register to vote
or update an existing registration before the October
15 deadline. She provided details of sample ballots,
the various offices up for election, and a proposed
constitutional amendment. She provided details of
voting options, including curbside voting; early
voting; absentee voting; options and instructions for
returning an absentee ballot; and in-person voting on
Election Day. She encouraged voters to know their
polling location ahead of time.
Discussion and questions ensued relative to the
information provided during the presentation.
C. General Services Update
Mr. John Neal, Director of General Services, provided
the Board with an update on projects and initiatives
of the General Services department. Joining Mr. Neal
were Mr. Craig Willingham, Assistant Director; Mr.
Jason Stone, Security Division Manager; Mr. Jeremy
Wilkinson, Airport Division Manager; Mr. Jeff Howard,
Waste and Resource Recovery Division Manager; Mr. Earl
Kirby, Buildings and Grounds Division Manager; Mr.
David Cottingham, Fleet Services Division Manager; Mr.
Kevin Routhier, Radio Shop Division Manager; and Ms.
Julia Reynolds, Energy Management Administrator. He
first provided the Board with an update on capital
projects. Next, he reviewed activities and initiatives
of the Energy Management and Fleet Services divisions.
He then provided details of property and lease
management, including a review of the surplus property
process. He provided an update on Security Management
and announced Mr. Stone received a National
Association of Counties (NACo) Award for his Workplace
Violence Prevention and Intervention Program. He
discussed the efforts and initiatives of the Waste and
Resource Recovery division and shared the favorable
results of the transition to private recycling.
Discussion and questions ensued relative to the
information provided during the presentation.
D. Draft Legislative Agenda Update
Ms. Natalie Spillman, Intergovernmental Relations
Director, and Ms. Casey Walker, Legislative Affairs
Liaison, provided an update relative to Chesterfield's
draft 2025 legislative program for the upcoming
General Assembly Session ahead of the program’s
scheduled adoption in September. Ms. Spillman reviewed
the 2025 legislative backdrop and summarized the
county’s guiding principles and legislative priorities
for the upcoming session.
Ms. Walker provided details of other advocacy efforts
utilizing grants and American Rescue Plan Act (ARPA)
funds.
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Ms. Spillman reviewed the calendar leading up to the
convening of the 2025 General Assembly Session on
January 8, 2025.
Discussion and questions ensued relative to the
information provided during the presentation.
E. Bikeways and Trails Update
Ms. Chessa Walker, Director of Transportation,
provided the Board with an update on the Bikeways and
Trails Plan. She first established definitions of
facilities (sidewalk, recreational trail, shared-use
path (SUP), multi-use trail (MUT), bike lane, and
cycle track) and whether they are included in the
Plan. She provided a sampling of road improvement
projects that included installation of SUPs and/or
sidewalks. She reviewed the progress of the Bon Air
Phase II SUP. She discussed accomplishing goals of the
Plan through land development, citing commitments
along Genito Road for a SUP. She discussed the reasons
for the timing of updating the Plan. She gave an
update on the Fall Line Trail through the county. She
explained that the update would be a data-driven
process and provided details of implementation. She
provided details of state, regional and local
coordination and the schedule going forward.
Discussion and questions ensued relative to the
information provided during the presentation.
F. Consent Agenda Highlights
Mr. Matt Harris provided details of various consent
agenda items on the evening agenda.
5. Reports
A. Reports on the Status of District Improvement
Operating and Capital Funds, General Fund Unassigned
Balance and Debt Policy Ratios, and Investments
The Board approved the Reports on the Status of
District Improvement Operating and Capital Funds,
General Fund Unassigned Balance and Debt Policy Ratios
and Investments.
6. Fifteen-Minute Citizen Comment Period on Unscheduled Matters
Mr. David Stritzinger addressed the Board relative to
concerns about transparency as it pertains to Board
votes.
7. Closed Session
A. Closed Session 1) Pursuant to § 2.2-3711(A)(5), Code
of Virginia, 1950, as Amended, to Discuss or Consider
Prospective Businesses or Industries or the Expansion
of Existing Businesses or Industries Where no Previous
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Announcement Has Been Made of the Businesses’ or
Industries’ Interest in Locating or Expanding Their
Facilities in the Community, 2) Pursuant to § 2.2-
3711(A)(3), Code of Virginia, 1950, as Amended, to
Discuss the Acquisition by the County of Real Estate
for a Public Purpose, or the Disposition of Publicly
Held Real Property, Where Discussion in an Open
Meeting Would Adversely Affect the Bargaining Position
and Negotiating Strategy of the Public Body, 3)
Pursuant to § 2.2-3711(A)(29) to Discuss the Award of
a Public Contract Involving the Expenditure of Public
Funds Where Discussion in Open Session Would Adversely
Affect the Bargaining Position or Negotiating Strategy
of the Public Body, 4) Pursuant to § 2.2-3711(A)(19),
Code of Virginia, 1950, as Amended, for Discussion of
Plans to Protect Public Safety as it Relates to
Terrorist Activity or Specific Cybersecurity Threats
or Vulnerabilities and Briefing by Staff Members,
Legal Counsel, or Law-Enforcement or Emergency Service
Officials Concerning Actions Taken to Respond to Such
Matters or a Related Threat to Public Safety;
Discussion of Information Subject to the Exclusion in
Subdivision 2 or 14 of § 2.2-3705.2, Where Discussion
in an Open Meeting Would Jeopardize the Safety of any
Person or the Security of any Facility, Building,
Structure, Information, Technology System, or Software
Program; or Discussion of Reports or Plans related to
the Security of any Governmental Facility, Building or
Structure, or the Safety of Persons using such
Facility, Building or Structure, and 5) Pursuant to
2.2-3711(A)(1), Code of Virginia, 1950, as Amended,
Relating to the Performance of the County
Administrator.
Upon motion of Dr. Miller, seconded by Ms. Schneider,
the Board went into closed session 1) Pursuant to §
2.2-3711(A)(5), Code of Virginia, 1950, as Amended, to
Discuss or Consider Prospective Businesses or
Industries or the Expansion of Existing Businesses or
Industries Where no Previous Announcement Has Been
Made of the Businesses’ or Industries’ Interest in
Locating or Expanding Their Facilities in the
Community, 2) Pursuant to § 2.2-3711(A)(3), Code of
Virginia, 1950, as Amended, to Discuss the Acquisition
by the County of Real Estate for a Public Purpose, or
the Disposition of Publicly Held Real Property, Where
Discussion in an Open Meeting Would Adversely Affect
the Bargaining Position and Negotiating Strategy of
the Public Body, 3) Pursuant to § 2.2-3711(A)(29) to
Discuss the Award of a Public Contract Involving the
Expenditure of Public Funds Where Discussion in Open
Session Would Adversely Affect the Bargaining Position
or Negotiating Strategy of the Public Body, 4)
Pursuant to § 2.2-3711(A)(19), Code of Virginia, 1950,
as Amended, for Discussion of Plans to Protect Public
Safety as it Relates to Terrorist Activity or Specific
Cybersecurity Threats or Vulnerabilities and Briefing
by Staff Members, Legal Counsel, or Law-Enforcement or
Emergency Service Officials Concerning Actions Taken
to Respond to Such Matters or a Related Threat to
Public Safety; Discussion of Information Subject to
the Exclusion in Subdivision 2 or 14 of § 2.2-3705.2,
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Where Discussion in an Open Meeting Would Jeopardize
the Safety of any Person or the Security of any
Facility, Building, Structure, Information, Technology
System, or Software Program; or Discussion of Reports
or Plans related to the Security of any Governmental
Facility, Building or Structure, or the Safety of
Persons using such Facility, Building or Structure,
and 5) Pursuant to 2.2-3711(A)(1), Code of Virginia,
1950, as Amended, Relating to the Performance of the
County Administrator.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
Reconvening:
On motion of Mr. Carroll, seconded by Mr. Ingle, the
Board adopted the following resolution:
WHEREAS, the Board of Supervisors has this day
adjourned into Closed Session in accordance with a
formal vote of the Board and in accordance with the
provisions of the Virginia Freedom of Information Act;
and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that
such Closed Session was conducted in conformity with
law.
NOW, THEREFORE BE IT RESOLVED, the Board of
Supervisors does hereby certify that to the best of
each member’s knowledge, i) only public business
matters lawfully exempted from open meeting
requirements under the Freedom of Information Act were
discussed in Closed Session to which this
certification applies, and ii) only such business
matters were identified in the motion by which the
Closed Session was convened were heard, discussed or
considered by the Board. No member dissents from this
certification.
Mr. Ingle: Aye.
Ms. Schneider: Aye.
Mr. Carroll: Aye.
Dr. Miller: Aye.
Mr. Holland: Aye.
8. Recess for Dinner
On motion of Dr. Miller, seconded by Mr. Holland, the
Board recessed for dinner in Room 502.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
Reconvening:
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9. Invocation by the Honorable Mark S. Miller, Midlothian District Supervisor
The Honorable Mark S. Miller, Midlothian District
Supervisor, gave the invocation.
10. Pledge of Allegiance Led by Matt Harris, Deputy County Administrator
Deputy County Administrator Matt Harris led the Pledge
of Allegiance.
11. County Administration Update
• Dr. Casey introduced Ms. Kimberly Conley, who has
been selected to be the new Director of Community
Engagement and Resources.
• Dr. Casey announced Ms. Kelly Fried, Executive
Director of the Community Services Board, has been
reappointed by Governor Youngkin to serve a four-
year term on the Maternal Mortality Review Team.
• Dr. Casey announced the upcoming meeting of the
Police Chief Recommendation Committee on August 29,
2024.
• Dr. Casey introduced Ms. Lynn Snow, the new Real
Property Manager, who replaced Mr. Dean Sasek upon
his retirement.
12. Board Member Reports
Board members announced and provided details of
several community meetings and county-related events
they attended recently.
13. Resolutions and Special Recognitions
A. Resolution Recognizing Mr. Dean R. Sasek, Utilities
Department, Upon His Retirement
Mr. George Hayes, Director of Utilities, introduced
Mr. Dean R. Sasek, who was present to receive the
resolution.
Upon motion of Dr. Miller, seconded by Mr. Carroll,
the Board adopted the following resolution:
WHEREAS, Dean R. Sasek will retire from the
Chesterfield County Utilities Department on September
1, 2024, after providing over thirty-eight years of
quality service to the residents of Chesterfield
County; and
WHEREAS, Mr. Sasek has faithfully served the county in
the capacity of Right of Way Technician, Right of Way
Agent, Senior Right of Way Agent, Assistant Real
Property Manager, and Real Property Manager; and
WHEREAS, during his tenure, Mr. Sasek was known for
the exceptional service provided to the residents,
customers of the Utilities Department, and colleagues;
and
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WHEREAS, Mr. Sasek was directly involved in the
acquisition of property, easements, and leases for the
development of many elementary, middle, and high
schools, libraries, fire stations, police stations,
parks, and utilities facilities; and
WHEREAS, Mr. Sasek served as Chairman of the Utilities
Department Electronic Document Management System Users
Group; assisted in the development of a database to
manage document information and track work flow,
completed the imaging of 30,000 Real Property Office
records; developed a Fixed Asset Land Inventory Report
and a GASB 51 Easement Valuation Report; managed the
review of the dedication of real property rights
through the subdivision and site plan processes; and
WHEREAS, Mr. Sasek received numerous awards for
providing exemplary service and certificates for
training and accomplishments; and
WHEREAS, Mr. Sasek has been a member of Old Dominion
Chapter 52, International Right of Way Association,
since 1986, held the SR/WA Designation since 2003, and
served as Assistant Treasurer since 2005; and
WHEREAS, Mr. Sasek advanced through the ranks and
became known for his teamwork, professionalism,
leadership and management skills; and
WHEREAS, Mr. Sasek has provided the Chesterfield
County Utilities Department with many years of loyal
and dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Mr. Sasek’s diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of August
2024, publicly recognizes Dean R. Sasek 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.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Sasek, and that this
resolution be permanently recorded among the papers of
this Board of Supervisors of Chesterfield County,
Virginia.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
Mr. Holland presented the executed resolution to Mr.
Sasek, who was accompanied by members of his family,
expressed appreciation for his outstanding service to
the county, and wished him well in his retirement.
Dr. Casey presented an engraved brick to Mr. Sasek and
expressed gratitude for his many years of dedicated
service to the county.
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B. Recognition of 2024 National Association of Counties
(NACo) Achievement Award Winners
Dr. Casey announced Chesterfield County has earned 32
NACo achievement awards.
Mr. Matt Harris provided a detailed list of the awards
and recognized employees for those achievements.
14. New Business
A. Appointments
1. Citizens’ Budget Advisory Committee
On motion of Mr. Carroll, seconded by Ms. Schneider,
the Board nominated and appointed Mr. Joseph Flores
(Bermuda district) to serve as an at-large
representative on the Citizens' Budget Advisory
Committee, whose term is effective October 1, 2024,
and will expire September 30, 2026.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
2. Community Criminal Justice Board
On motion of Ms. Schneider, seconded by Mr. Carroll,
the Board nominated and appointed Mr. Chris Harris to
serve as an at-large representative for the City of
Colonial Heights on the Community Criminal Justice
Board, whose term is effective immediately and will
expire June 30, 2025.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
3. Richmond Regional Transportation Planning
Organization's Community Transportation Advisory
Committee
On motion of Dr. Miller, seconded by Ms. Schneider,
the Board nominated/appointed/reappointed Mr. Phil
Plymale (Matoaca district) and Mr. Gonzalo Aida (Dale
district) to serve as at-large representatives and Mr.
Herbert Richwine (Matoaca district) and Ms. Erin
Phelan (Midlothian district) to serve as alternates on
RRTPO's Community Transportation Advisory Committee,
whose terms are effective immediately and will expire
June 30, 2026.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
4. Youth Advisory Board
On motion of Dr. Miller, seconded by Ms. Schneider,
the Board nominated and appointed the following
individuals as members of the Youth Advisory Board:
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Bermuda District:
• Kendall Elliott, 11th grade (Term: 9/1/2024-
6/30/2026)
• Parth Khandat, 11th grade (Term: 9/1/2024-
6/30/2026)
• Anchal Patel, 11th grade (Term: 9/1/2024-
6/30/2026)
Clover Hill District:
• Evan Learn, 11th grade (Term: 9/1/2024-6/30/2026)
• Nitya Mirajkar, 12th grade (Term: 9/1/2024-
6/30/2025)
• Joseph Njugi, 11th grade (Term: 9/1/2024-6/30/2026)
• Allison Aviles Quintanilla, 11th grade (Term:
9/1/2024-6/30/2026) Dale District:
• Layla Craft, 11th grade (Term: 9/1/2024-6/30/2026) Matoaca District:
• Abigail Lynn Flores,11th grade (Term: 9/1/2024-
6/30/2026)
• Shayni Gogineni, 11th grade (Term: 9/1/2024-
6/30/2026)
• Ciara-J Link, 12th grade (Term: 9/1/2024-6/30/2025)
• Audrey Tang, 11th grade (Term: 9/1/2024-6/30/2026) Midlothian District:
• Rhys Montgomery, 11th grade (Term: 9/1/2024-
6/30/2026)
• Ananya Premkumar, 11th grade (Term: 9/1/2024-
6/30/2026)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
B. Consent Items
1. Adoption of Resolutions
a. Resolution Recognizing The Reverend Dr.
Wilson Shannon, Pastor of First Baptist
Church Centralia, Upon His Passing
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board adopted the following resolution:
WHEREAS, The Reverend Dr. Wilson Shannon graduated
from Armstrong High School and received the call to
the ministry while serving in the United States Army
at Fort Carson, Colorado, and was ordained at the
Beacon Light Baptist Church, Colorado Springs,
Colorado in 1976; and
WHEREAS, Dr. Shannon began his ministry at First
Baptist Church Centralia on March 17, 1991, where he
strengthened many of the church’s existing ministries,
started new ones, and broadened the church’s foreign
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mission efforts; and
WHEREAS, Dr. Shannon continued his education by
attending Virginia Union University with a major in
History and Political Science, graduating magna cum
laude; the Virginia Union University School of
Theology, where he received his Master of Divinity
Degree, cum laude; and the Howard University School of
Divinity, Washington, D.C., from which he received the
Doctor of Ministry Degree; and
WHEREAS, Dr. Shannon believed education is the
solution to helping with the problems of the world,
and in 1993 he led First Baptist to send four and one-
half tons of books to Harare, Zimbabwe to start a
school, and in 1995 he led First Baptist to send five
and one-half tons of books to South Africa; and
WHEREAS, Dr. Shannon traveled to London, England;
Harare, Zimbabwe; Cape Town, Durban, Pretoria, and
Johannesburg, South Africa; and he met Archbishop
Desmond Tutu and witnessed the election of Nelson
Mandela as President in South Africa; and
WHEREAS, a major test to Dr. Shannon’s faith came with
the destruction of the historic church building
(established 1867) by arsonists on April 16, 1996, and
he told the congregation on the Sunday after the fire,
“God told me to build it back, we’re going to build it
back”; and
WHEREAS, stepping out on faith, Dr. Shannon and the
First Baptist congregation celebrated the completion
of the reconstruction of the historic building with a
week-long dedication service, June 15-June 21, 1997;
and
WHEREAS, in 2017 Dr. Shannon served on the
Chesterfield County Police Chief Recommendation
Committee, which contributed to an incredibly
successful hire; and
WHEREAS, prior to his passing, Dr. Shannon was leading
the First Baptist disciples in building an extension
to the Samuel Moss Carter Family Lief Center to serve
as a Haven for Hope to meet the needs of the new
century disciple; and
WHEREAS, other achievements and positions held by Dr.
Shannon included Pastor, Shalom Baptist Fellowship
Church (12 years); Recipient of the 1989 Humanitarian
Award from the Richmond Redevelopment and Housing
Authority; chaplain of the Richmond Juvenile Detention
Home (10 years); past Moderator of the Shiloh Baptist
Association of Virginia; past President of the
Virginia Fellowship of the Progressive National
Baptist Convention, Inc.; and chairman, Commission on
Finance for the Baptist General Convention of Virginia
(12 years); and was known throughout the state as a
dynamic speaker; and
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WHEREAS, Dr. Shannon was a family man who loved his
wife of almost 50 years, Cynthia, and their children,
Xavier and Tawanda, and he strongly advocated building
families to nurture children by encouraging them to
choose productive lifestyles and grow with faith in
God.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes The Reverend
Dr. Wilson Shannon upon his passing and extends on
behalf of its members and the citizens of Chesterfield
County heartfelt sympathies to his family and
congregation.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
b. Resolution Recognizing Firefighter Joseph B.
Covington II, Fire and Emergency Medical
Services Department, Upon His Retirement
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board adopted the following resolution:
WHEREAS, Firefighter Joseph B. Covington II retired
from the Chesterfield County Fire and Emergency
Medical Services Department on August 1, 2024; and
WHEREAS, Firefighter Covington completed Recruit
School #31 and has faithfully served the residents of
Chesterfield County for twenty-two years in various
assignments as a firefighter at the Clover Hill,
Winterpock, Ettrick, and Phillips Fire and EMS
Stations; and
WHEREAS, Firefighter Covington was awarded a Unit
Citation Award for his involvement in the successful
outcome of an ejected patient and a child trapped due
to an automobile accident on April 18, 2006; and
WHEREAS, Firefighter Covington was awarded a Unit
Citation and a Lifesave Award for his involvement in
the successful outcome of a patient suffering cardiac
arrest on June 11, 2006.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the valuable
contributions of Firefighter Joseph B. Covington II,
expresses the appreciation of all residents for his
service to the county, and extends appreciation for
his dedicated service and congratulations upon his
retirement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
c. Resolution Recognizing Mr. Roger Dale Avery,
Department of General Services, Upon His
Retirement
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board adopted the following resolution:
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WHEREAS, Mr. Roger Dale Avery retired from the
Chesterfield County Department of General Services,
Fleet Services Division on August 1, 2024; and
WHEREAS, on August 29, 2005, Mr. Avery began his
public service career in the Consolidated Vehicle
Maintenance Facility as a Medium Heavy Truck
Technician; and
WHEREAS, Mr. Avery consistently maintained a positive
and hard-working attitude and promoted teamwork by
example; and
WHEREAS, Mr. Avery was always willing to help his
fellow co-workers and share his knowledge; and
WHEREAS, Mr. Avery developed a good working
relationship with his customers and provided a high
level of maintenance support; and
WHEREAS, Mr. Avery took time to solicit information
from customers to assist in repairing vehicles in an
efficient and timely manner; and
WHEREAS, Mr. Avery served as a Lead Technician in a
satellite location and received accolades from
customers expressing how pleased they were with his
professionalism and dependability; and
WHEREAS, Mr. Avery was recognized as a technician with
a diversified background in many varieties of
equipment and these skills saved customers money and
eliminated many hours of down time; and
WHEREAS, Mr. Avery transferred to the Walmsley Bus
Maintenance Facility in 2014 to begin serving as a
School Bus Technician; and
WHEREAS, Mr. Avery had a strong work ethic and worked
diligently to produce high quality work, ensuring
repairs were done right the first time; and
WHEREAS, Mr. Avery was an invaluable member of Fleet
Services during the COVID-19 Pandemic and contributed
greatly to the success of the team.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Roger Dale Avery, expresses the
appreciation of all citizens for his service to
Chesterfield County, and extends appreciation for his
dedicated service to the County, congratulations upon
his retirement, and best wishes for a long and happy
retirement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
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d. Resolution Recognizing Firefighter Paul E.
Marsee, Fire and Emergency Medical Services
Department, Upon His Retirement
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board adopted the following resolution:
WHEREAS, Firefighter Paul E. Marsee retired from the
Chesterfield County Fire and Emergency Medical
Services Department on August 1, 2024; and
WHEREAS, Firefighter Marsee completed Recruit School
#30 in 2001 and has faithfully served Chesterfield
County for twenty-three years in various assignments
as a firefighter at the Wagstaff, Winterpock, Clover
Hill, Midlothian, Matoaca, Chester, and Bensley Fire
and EMS Stations; and
WHEREAS, Firefighter Marsee served as an Advanced Life
Support provider from May 2002 through January 2018;
and
WHEREAS, Firefighter Marsee served as a member of the
Technical Rescue Team beginning in 2008; and
WHEREAS, Firefighter Marsee was awarded a Unit
Citation Award for his involvement in a successful
outcome of two patients trapped due to a motor vehicle
accident on January 1, 2004; and
WHEREAS, Firefighter Marsee was recognized with the
Medal of Valor Award for his involvement in the
successful outcome of a patient who was pinned after a
trench collapsed on March 25, 2009; and
WHEREAS, Firefighter Marsee was awarded a Unit
Citation Award for his involvement in the successful
outcome of a patient trapped in overturned vehicle on
May 30, 2013.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the
contributions of Firefighter Paul E. Marsee, expresses
the appreciation of all residents for his service to
the county and extends their appreciation for his
dedicated service and their congratulations upon his
retirement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
e. Resolution Approving the Richmond
Metropolitan Authority's Issuance of Bonds
for Expressway Improvements
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board adopted the following resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS OF CHESTERFIELD
COUNTY APPROVING THE ISSUANCE OF BONDS FOR EXPRESSWAY
IMPROVEMENTS BY THE RICHMOND METROPOLITAN
TRANSPORTATION AUTHORITY
8/28/2024 Page 15 of 80
WHEREAS, the Virginia General Assembly created the
Richmond Metropolitan Transportation Authority (the
“Authority” and formerly known as the Richmond
Metropolitan Authority) in 1966 pursuant to Chapter
178, Acts of the Virginia General Assembly (as amended
and in effect from time to time, and as currently
codified in Title 33.2, Chapter 29, Code of Virginia
of 1950, as amended, the “Enabling Act”) for the
purpose of, among other things, owning and operating
limited access highways within its member
jurisdictions;
WHEREAS, the Authority currently owns and operates the
Powhite Parkway, the Downtown Expressway and the
Boulevard Bridge (the “Expressway System”) and has
financed and refinanced a portion of the capital needs
of the Expressway System with borrowings in the
private and public debt markets;
WHEREAS, as amended in 2014, the Enabling Act requires
the approval of the Mayor and the Council of the City
of Richmond and the Boards of Supervisors of the
Counties of Henrico and Chesterfield, in order for the
Authority to borrow money and issue bonds, notes, or
other evidences of indebtedness;
WHEREAS, the Authority’s Board has approved the
issuance of its Expressway Revenue Bond in the
principal amount not to exceed $10,500,000 (the “RMTA
Bond”) in order to provide funding for certain
projects in the Authority’s capital improvement plan
for fiscal years 2025 through 2030 (the “Project”) and
to pay costs of issuance of the transaction, subject
to obtaining the approvals of the Mayor and the member
jurisdictions as required by the Enabling Act, and has
requested that the Mayor and the jurisdictions provide
such approvals;
WHEREAS, it is in the best interests of the County of
Chesterfield, Virginia (the “County”) to approve the
Authority’s issuance of the RMTA Bond.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
1. The Board hereby approves the Authority’s
issuance of the RMTA Bond, as and to the extent
required by the Enabling Act, for the purpose of
providing funding for the Project and paying costs of
issuance. The RMTA Bond may be issued in one or more
series of different principal amounts and interest
rates, with the timing, amounts and number of series
dependent on the Authority’s need for funds and market
conditions; provided, however, that in no event shall
the RMTA Bond mature later than December 31, 2041.
2. The County’s approval of the Authority’s
issuance of the RMTA Bond does not constitute an
endorsement to prospective purchasers of such
obligation of the creditworthiness of the Authority.
8/28/2024 Page 16 of 80
The RMTA Bond shall not be deemed to constitute a debt
of the Commonwealth of Virginia, the County, or of any
other political subdivision thereof except the
Authority. Neither the Commonwealth of Virginia, the
County nor any other political subdivision thereof,
except the Authority, shall be obligated to pay the
principal of, redemption premium or late charges, if
any, or interest on the RMTA Bond or other costs or
amounts incident thereto. Neither the faith and credit
nor the taxing power of the Commonwealth of Virginia
or any political subdivision thereof, including the
County and the Authority, is pledged to the payment of
the principal of, redemption premium or late charges,
if any, or interest on the RMTA Bond or other costs or
amounts incident thereto. The RMTA Bond shall not
constitute an indebtedness within the meaning of any
debt limitation or restriction.
3. This resolution shall take effect immediately
upon its adoption, and shall continue in full force
and effect for one year after its adoption, unless
extended by subsequent action of the Board of
Supervisors.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
2. Real Property Requests
a. Acceptance of Parcels of Land
1. Acceptance of a Parcel of Land Along
Genito Road From Mount Hermon Company
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board accepted the conveyance of a parcel of land
containing 0.656 acres along Genito Road from Mount
Hermon Company and authorized the County Administrator
to execute the deed.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
2. Acceptance of Parcels of Land Adjacent
to Genito Road from FC Richmond
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board accepted the conveyance of three parcels of land
containing a total of 12.32 acres adjacent to Genito
Road from FC Richmond and authorized the County
Administrator to execute the deed.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
3. Acceptance of a Parcel of Land Along
Hampton Farms Drive From John O’Reilly
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board accepted the conveyance of a parcel of land
containing 0.061 acres along Hampton Farms Drive from
John O’Reilly and authorized the County Administrator
8/28/2024 Page 17 of 80
to execute the deed.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
4. Acceptance of a Parcel of Land on
Bermuda Hundred Road from the Economic
Development Authority of the County of
Chesterfield
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board accepted a parcel of land containing 2.315 acres
on Bermuda Hundred Road from the Economic Development
Authority of the County of Chesterfield for the
expansion of the Meadowville Wastewater Pump Station
Site.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
b. Conveyance of Easements
1. Designation of a Parcel of Land for
Bensley Elementary School
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board designated a parcel of land containing 0.192
acres as public right of way for Bensley Elementary
School.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
2. To Consider Conveyance of an Easement
to Virginia Electric and Power Company
at A M Davis Elementary School
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board authorized the Chairman of the Board of
Supervisors and the County Administrator to execute an
agreement with Virginia Electric and Power Company for
a 15' underground easement needed for the A.M. Davis
Elementary School replacement project.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
3. To Consider Conveyance of an Easement
to Columbia Gas of Virginia, Inc. at A
M Davis Elementary School
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board authorized the Chairman of the Board of
Supervisors and the County Administrator to execute an
agreement with Columbia Gas of Virginia, Inc. for a
20' underground easement needed for the A.M. Davis
Elementary School replacement project.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
c. Requests to Quitclaim
8/28/2024 Page 18 of 80
1. Request to Quitclaim a VSMP Easement
and a Portion of a VSMP Easement Across
the Property Owned by Ashlake Trails,
LLC
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board authorized the Chairman of the Board of
Supervisors and the County Administrator to execute a
quitclaim deed to quitclaim a VSMP easement and a
portion of a VSMP easement across the property owned
by Ashlake Trails, LLC.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
2. Request to Quitclaim a Portion of a
Water Easement Across the Property
Owned by Cooke’s 60 Land LLC
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board authorized the Chairman of the Board of
Supervisors and the County Administrator to execute a
quitclaim deed to quitclaim a portion of a water
easement across the property owned by Cooke’s 60 Land
LLC.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
3. Set Public Hearing
a. To Consider the Vacation of a Portion of a
16' Drainage Easement Across Lot 25, Reedy
Springs Subdivision, Section A
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board set September 25, 2024, as the date to hold a
public hearing to consider the vacation of a portion
of a 16' drainage easement across lot 25, Reedy
Springs Subdivision, Section A.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
b. To Consider Conveyance of Easements to
Verizon Virginia LLC
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board set September 25, 2024, as the date to hold a
public hearing to consider the conveyance of
underground easements to Verizon Virginia LLC across
property in Point of Rocks Park.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
c. To Consider Conveyance of an Underground
Easement to Virginia Electric and Power
Company at Elizabeth Davis Middle School
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board set September 25, 2024, as the date to hold a
public hearing to consider the conveyance of an
8/28/2024 Page 19 of 80
underground easement to Virginia Electric and Power
Company across the Elizabeth Davis School Site.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
d. To Consider the Vacation of 8' Side Yard
Easements in Woolridge Landing, Section 3
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board set September 25, 2024, as the date to hold a
public hearing to consider the vacation of 8' side
yard easements in Woolridge Landing Subdivision,
Section 3.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
4. Acceptance of State Roads
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board adopted the following resolution:
WHEREAS, the streets described below are shown on a
plat recorded in the Clerk’s Office of the Circuit
Court of Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board
the streets meet the requirements established by the
Subdivision Street Requirements of the Virginia
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board
requests the Virginia Department of Transportation to
add the streets described below to the secondary
system of state highways, pursuant to Sections 33.2-
705 and 33.2-334, Code of Virginia, and the
Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board
guarantees a clear and unrestricted right-of-way, as
described, and any necessary easements for cuts, fills
and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer
for the Virginia Department of Transportation.
Project / Subdivision: Twin Rivers Section 2 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Streets Pursuant to Code of Virginia Statutes: §33.2-705, 33.2-334
Street Name and/or Route Number ► Galley Place, State Route Number 8403
From: Twin Rivers Drive, (Route 8406)
To: The cul-de-sac, a distance of 0.06 miles
Recordation Reference: Plat Book 301, Page 25
Right of Way width (feet) = 50
8/28/2024 Page 20 of 80
► Galley Place, State Route Number 8403
From: 0.03 miles west of Downrigger Drive, (Route
8404)
To: Twin Rivers Drive, (Route 8406), a distance of
0.05 miles
Recordation Reference: Plat Book 301, Page 25
Right of Way width (feet) = 50
► Downrigger Drive, State Route Number 8404
From: Outrigger Drive, (Route 8582)
To: The cul-de-sac, a distance of 0.14 miles
Recordation Reference: Plat Book 301, Page 25
Right of Way width (feet) = 50
► Downrigger Drive, State Route Number 8404
From: 0.03 miles south of Galley Place, (Route 8403)
To: Outrigger Drive, (Route 8582), a distance of 0.03
miles
Recordation Reference: Plat Book 301, Page 25
Right of Way width (feet) = 50
► Twin Rivers Drive, State Route Number 8406
From: 0.03 miles south of Mainsail Lane, (Route 8405)
To: Galley Place, (Route 8403), a distance of 0.03
miles
Recordation Reference: Plat Book 301, Page 25\
Right of Way width (feet) = 50
► Twin Rivers Drive, State Route Number 8406
From: Outrigger Drive, (Route 8582)
To: Twin Rivers Court, (Route 8583), a distance of
0.12 miles
Recordation Reference: Plat Book 301, Page 25
Right of Way width (feet) = 50
► Twin Rivers Drive, State Route Number 8406
From: Galley Place, (Route 8403)
To: Outrigger Drive, (Route 8582), a distance of 0.06
miles
Recordation Reference: Plat Book 301, Page 25
Right of Way width (feet) = 50
► Outrigger Drive, State Route Number 8582
From: Meadowville Road, (Route 618)
To: Twin Rivers Drive, (Route 8406), a distance of
0.20 miles
Recordation Reference: Plat Book 301, Page 25
Right of Way width (feet) = 50
► Outrigger Drive, State Route Number 8582
From: Twin Rivers Drive, (Route 8406)
To: Downrigger Drive, (Route 8404), a distance of 0.07
miles
Recordation Reference: Plat Book 301, Page 25
Right of Way width (feet) = 50 ► Twin Rivers Court, State Route Number 8583
From: Twin Rivers Drive, (Route 8406)
To: The cul-de-sac, a distance of 0.04 miles
Recordation Reference: Plat Book 301, Page 25
Right of Way width (feet) = 50
8/28/2024 Page 21 of 80
► Twin Rivers Court, State Route Number 8583
From: Twin Rivers Drive, (Route 8406)
To: The cul-de-sac, a distance of 0.05 miles
Recordation Reference: Plat Book 301, Page 25
Right of Way width (feet) = 50
And, further, the Board adopted the following
resolution:
WHEREAS, the streets described below are shown on a
plat recorded in the Clerk’s Office of the Circuit
Court of Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board
the streets meet the requirements established by the
Subdivision Street Requirements of the Virginia
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board
requests the Virginia Department of Transportation to
add the streets described below to the secondary
system of state highways, pursuant to Sections 33.2-
705 and 33.2-334, Code of Virginia, and the
Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board
guarantees a clear and unrestricted right-of-way, as
described, and any necessary easements for cuts, fills
and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer
for the Virginia Department of Transportation. Project / Subdivision: Magnolia Green-Sheehan Crossing Bridge Type Change to the Secondary System of State Highways: Addition Reason for Change: New Street Pursuant to Code of Virginia Statutes: §33.2-705, 33.2-334
Street Name and/or Route Number ► Sheehan Crossing, State Route Number 8188
From: 0.10 miles north of Twin Falls Lane, (Route
8049)
To: Sheehan Place, (Route 8588), a distance of 0.16
miles
Recordation Reference: Plat Book 291, Page 62
Right of Way width (feet) = 50
► Sheehan Crossing, State Route Number, 8188
From: Sheehan Place, (Route 8588)
To: 0.01 miles northeast of Sheehan Place, (Route
8588), a distance of 0.01 miles
Recordation Reference: Plat Book 291, Page 62
Right of Way width (feet) = 50
8/28/2024 Page 22 of 80
And, further, the Board adopted the following
resolution:
WHEREAS, the streets described below are shown on a
plat recorded in the Clerk’s Office of the Circuit
Court of Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board
the streets meet the requirements established by the
Subdivision Street Requirements of the Virginia
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board
requests the Virginia Department of Transportation to
add the streets described below to the secondary
system of state highways, pursuant to Sections 33.2-
705 and 33.2-334, Code of Virginia, and the
Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board
guarantees a clear and unrestricted right-of-way, as
described, and any necessary easements for cuts, fills
and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer
for the Virginia Department of Transportation.
Project / Subdivision: Meridian at Magnolia Green Section 1 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Streets Pursuant to Code of Virginia Statutes: §33.2-705, 33.2-334
Street Name and/or Route Number
► Cherry Oak Drive, State Route Number 8584
From: Woolridge Road, (Route 7766)
To: Cherry Oak Trail, (Route 8585), a distance of
0.05 miles
Recordation Reference: Plat Book 300, Page 31
Right of Way width (feet) = 50
► Cherry Oak Trail, State Route Number 8585
From: Cherry Oak Drive, (Route 8584)
To: The cul-de-sac, a distance of 0.08 miles
Recordation Reference: Plat Book 300, Page 31
Right of Way width (feet) = 50
► Cherry Oak Trail, State Route Number 8585
From: Cherry Oak Drive, (Route 8584)
To: Holly Crest Lane (Route 8586), a distance of 0.15
miles
Recordation Reference: Plat Book 300, Page 31
Right of Way width (feet) = 50
8/28/2024 Page 23 of 80
► Holly Crest Lane, State Route Number 8586
From: Cherry Oak Trail, (Route 8585)
To: Magnolia Run Lane, (Route 8587), a distance of
0.06 miles
Recordation Reference: Plat Book 300, Page 31
Right of Way width (feet) = 50
► Holly Crest Lane, State Route Number 8586
From: Cherry Oak Trail, (Route 8585)
To: The end-of-maintenance, a distance of 0.01 miles
Recordation Reference: Plat Book 300, Page 31
Right of Way width (feet) = 50
► Magnolia Run Lane, State Route Number 8587
From: Holly Crest Lane, (Route 8586)
To: Southeast to the cul-de-sac, a distance of 0.13
miles
Recordation Reference: Plat Book 300, Page 31
Right of Way width (feet) = 50
And, further, the Board adopted the following
resolution:
WHEREAS, the streets described below are shown on a
plat recorded in the Clerk’s Office of the Circuit
Court of Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board
the streets meet the requirements established by the
Subdivision Street Requirements of the Virginia
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board
requests the Virginia Department of Transportation to
add the streets described below to the secondary
system of state highways, pursuant to Sections 33.2-
705 and 33.2-334, Code of Virginia, and the
Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board
guarantees a clear and unrestricted right-of-way, as
described, and any necessary easements for cuts, fills
and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer
for the Virginia Department of Transportation. Project / Subdivision: Pine Valley at Magnolia Green Section 3 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Streets Pursuant to Code of Virginia Statutes: §33.2-705, 33.2-334
Street Name and/or Route Number
8/28/2024 Page 24 of 80
► Sheehan Crossing, State Route Number 8188
From: 0.01 miles northeast of Sheehan Place, (Route
8588)
To: The cul-de-sac, a distance of 0.15 miles
Recordation Reference: Plat Book 295, Page 17
Right of Way width (feet) = 50
► Sheehan Place, State Route Number 8588
From: Sheehan Crossing, (Route 8188)
To: 0.01 miles northwest of Sheehan Crossing, (Route
8188), a distance of 0.01 miles
Recordation Reference: Plat Book 295, Page 17
Right of Way width (feet) = 50
► Sheehan Place, State Route Number 8588
From: Deer Summit Court, (Route 8589)
To: The end-of-maintenance, a distance of 0.07 miles
Recordation Reference: Plat Book 295, Page 17
Right of Way width (feet) = 50
► Sheehan Place, State Route Number 8588
From: 0.01 miles northwest of Sheehan Crossing,
(Route 8188)
To: Deer Summit Court, (Route 8589), a distance of
0.04 miles
Recordation Reference: Plat Book 295, Page 17
Right of Way width (feet) = 50
► Deer Summit Court, State Route Number 8589
From: Sheehan Place, (Route 8588)
To: The cul-de-sac, a distance of 0.12 miles
Recordation Reference: Plat Book 295, Page 17
Right of Way width (feet) = 50
And, further, the Board adopted the following
resolution:
WHEREAS, the street described below is shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board
the street meets the requirements established by the
Subdivision Street Requirements of the Virginia
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board
requests the Virginia Department of Transportation to
add the street described below to the secondary system
of state highways, pursuant to Sections 33.2-705 and
33.2-334, Code of Virginia, and the Department’s
Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board
guarantees a clear and unrestricted right-of-way, as
described, and any necessary easements for cuts, fills
and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer
for the Virginia Department of Transportation.
8/28/2024 Page 25 of 80
Project/Subdivision: Koger Center Boulevard (Remainder) Type Change to the Secondary System of State Highways: Addition Reason for Change: New Street Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334
Street Name and/or Route Number ► Koger Center Boulevard, State Route Number 849
From: Center View Drive, (Route 848)
To: Mall Drive, (Route 819), a distance of 0.44 miles
Recordation Reference: Plat Book 59, Page 9
Right of Way width (feet) = 90
And, further, the Board adopted the following
resolution:
WHEREAS, the street described below is shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board
the street meets the requirements established by the
Subdivision Street Requirements of the Virginia
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board
requests the Virginia Department of Transportation to
add the street described below to the secondary system
of state highways, pursuant to Sections 33.2-705 and
33.2-334, Code of Virginia, and the Department’s
Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board
guarantees a clear and unrestricted right-of-way, as
described, and any necessary easements for cuts, fills
and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer
for the Virginia Department of Transportation. Project / Subdivision: Tarrington Section 20 Type Change to the Secondary System of State Highways: Addition Reason for Change: New Street Pursuant to Code of Virginia Statutes: §33.2-705, 33.2-334
Street Name and/or Route Number ► Grayscott Way, State Route Number 8591
From: Ashwell Drive, (Route 5843)
To: The cul-de-sac, a distance of 0.15 miles
Recordation Reference: Plat Book 270, Page 29
Right of Way width (feet) = 44
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
8/28/2024 Page 26 of 80
5. Acceptance of the 2024 Operation Ceasefire Grant
Awarded by the Department of Criminal Justice
Services
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board accepted and appropriated funds for the 2024
Department of Criminal Justice Services (DCJS)
Operation Ceasefire grant, in the amount of $154,190,
from the Department of Justice Services to fund one
intelligence analyst for the Chesterfield County
Police Department (CCPD) Analytic and Strategic
Operations Center (ASOC).
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
6. Award Annual Engineering Contracts for
Professional Engineering Services for Water and
Wastewater Projects
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board authorized the County Administrator to execute
contracts for annual professional engineering services
with Arcadis U.S. Inc., Austin Brockenbrough &
Associates, LLP, Black & Veatch Corporation, Brown and
Caldwell, Dewberry Engineers, Inc., Hazen and Sawyer,
Rummel, Klepper and Kahl, LLP, Timmons Group, and
Whitman, Requardt & Associates, LLP.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
7. Authorize the County Administrator to Renew a
Healthcare Contract with Anthem Blue Cross and
Blue Shield and Renew the Dental Contract with
Delta Dental of Virginia for 2025 and to Transfer
Any Overall Related Savings to the Healthcare
Fund at Year-end
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board authorized the County Administrator to (1) renew
the County’s contracts with Anthem Blue Cross and Blue
Shield and Delta Dental of Virginia for 2025 and (2)
transfer any overall FY2025 savings to the healthcare
fund.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
8. Appropriate Funding and Award the Construction
Contract for the Addison Evans Water Treatment
Plant (AEWTP) Floodwall and Stream Restoration
Project
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board authorized the Director of Procurement to award
the construction contract to Kokosing Industrial, Inc.
in the amount of $21,171,000, appropriate a total of
$10,400,000 from the water fund balance and execute
all necessary change orders up to the full amount
budgeted for the Addison Evans Water Treatment Plant
(AEWTP) Floodwall and Stream Restoration Project.
8/28/2024 Page 27 of 80
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
9. Approval of FY2025 Chesterfield Community
Services Board Performance Contract
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board approved the FY2025 Performance Contract between
the Chesterfield Community Services Board and the
Virginia Department of Behavioral Health and
Developmental Services.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
15. Fifteen-Minute Citizen Comment Period on Unscheduled Matters
Mr. Connor Kish addressed the Board relative to
Dominion Energy's proposal for a natural gas facility
in the county. He asked the Board to use its authority
to ask Dominion for an alternative proposal.
Mr. Chris Wiegard expressed concerns relative to the
consequences of climate change resulting from a
methane plant emitting carbon.
Mr. Jason Woodby addressed the Board relative to his
opinion that Dominion Energy is attempting to
circumvent the process and the community in its
efforts to build the methane plant.
Ms. Nicole Martin addressed the Board relative to
Dominion Energy's proposed plant and requested an
official community hearing. She also asked the Board
to request additional information from Dominion
Energy.
Mr. John Harms urged the Board to hold a public
meeting about the suitability of Dominion Energy's
proposed gas plant.
16. Deferred Items from Previous Meetings
There were no deferred items from previous meetings.
17. Zoning Cases
A. Withdrawals
There were no withdrawals.
B. Deferrals
There were no deferrals.
1. 23SN0114 - Collington Neighborhood Recreational
Facility - Matoaca
In Matoaca Magisterial District, Collington
Neighborhood Recreational Facility is a request for
conditional use to permit a recreational neighborhood
8/28/2024 Page 28 of 80
facility and recreational equipment parking in a
Residential (R-25) District on 17.74 acres fronting
approximately 800 feet on the south line of West
Hensley Road, 345 feet southwest of Brandyfield Place.
Ms. Wilson introduced Case 23SN0114. She stated the
district supervisor is requesting a deferral to the
Board's regularly scheduled meeting on September 25,
2024.
Mr. Holland called for public comment on the deferral.
Mr. Will Shewmake, representing the applicant, stated
the applicant is in agreement with the deferral.
Ms. Inez Costa-Clubb expressed appreciation to the
Board for taking the time to speak with her and for
the deferral.
There being no one else to speak to the issue, the
public hearing was closed.
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board deferred Case 23SN0114 to its regularly
scheduled meeting on September 25, 2024.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
C. Consent Cases
1. 23SN0116 - Moores Lake Master Plan Amendment -
Bermuda
In Bermuda Magisterial District, Moores Lake Master Plan Amendment is a request for amendment of zoning
approval (Cases 21SN0627 and 22SN0082) to modify the
master plan, uses, and density and amendment of zoning
district map in a Multifamily Residential (R-MF)
District known as 12100 Moores Lake Road. The 162.06
acre property is proposed for a maximum development of
1,359 dwelling units. The Comprehensive Plan suggests
the property is appropriate for Community Mixed Use,
Corporate Office/Research & Development/Light
Industrial, and Suburban Residential II uses (2 to 4
dwellings per acre). Tax IDs 798-656-7763; 798-658-
8335; 799-656-0291, 2589; 799-657-8241; 799-658-4314;
800-656-1126, and 5290.
Ms. Wilson introduced Case 23SN0116. She stated the
Planning Commission and staff recommended approval,
subject to the conditions in the staff report.
Mr. Holland called for public comment.
Mr. Kerry Hutcherson, representing the applicant, made
himself available to answer any questions.
There being no one else to speak to the issue, the
public hearing was closed.
8/28/2024 Page 29 of 80
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board approved Case 23SN0116, subject to the following
conditions:
Proffered Conditions
The 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 itself
and its successors or assigns, proffers that the
property under consideration in this case (“the
Property”) will be used according to the following
proffer(s) if, and only if, the request submitted
herewith is granted with only those conditions agreed
to by the Applicant. In the event this request is
denied or approved with conditions not agreed to by
the owners and Applicant, the proffer shall
immediately be null and void and of no further force
or effect.
Proffered Condition 1 of Zoning Case 22SN0082 is
hereby deleted in its entirety and replaced with the
following condition:
1. Master Plan. The Textual Statement, dated June
25, 2024, together with the Concept Plan referenced in
the Textual Statement, shall be considered the Master
Plan. (P)
Proffered Condition 4 of Zoning Case 21SN0627 is
hereby deleted in its entirety and replaced with the
following condition:
2. Transportation Density. For transportation
purposes, the maximum density of the development shall
be 30 multi-family (low-rise) dwelling units, 1,329
multi-family (mid-rise) dwelling units, 10,000 square
feet of retail, 3,800 square feet of fast food with
drive-thru, 3 serving position quick lube, a 13-
station car wash/detail center, and 16 fueling
position super convenience store/gas station; or
equivalent density as determined by the Transportation
Department. (T)
The Applicant proffers the following additional
condition:
3. Wastewater System Hydraulic Analysis. The
developer shall submit to the Utilities Department for
review and approval a wastewater system hydraulic
analysis to verify downstream capacity, prior to or in
conjunction with the first site or construction plan
submittal. Any capacity-related improvements necessary
to support the wastewater demands of this development
shall be the responsibility of the developer and shall
be reflected on the site or construction plan. (U)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
2. 23SN0123 - Eastern Midlothian CaryTown Tobacco -
8/28/2024 Page 30 of 80
Midlothian
In Midlothian Magisterial District, Eastern Midlothian
CaryTown Tobacco is a request for conditional use
planned development to permit a use exception for
recreational substances (retail, on-site) use and
amendment of zoning district map in Community Business
(C-3) District on 1.24 acres known as 8004 Midlothian
Turnpike. The Comprehensive Plan suggests the property
is appropriate for Community Business use. Tax ID 760-
706-3451.
Ms. Wilson introduced Case 23SN0123. She stated the
Planning Commission and staff recommended approval,
subject to the conditions in the staff report.
Mr. Holland called for public comment.
Ms. Renae Eldred expressed concerns relative to
unintended consequences and ways around the amendment
for recreational use.
There being no one else to speak to the issue, the
public hearing was closed.
On motion of Dr. Miller, seconded by Mr. Holland, the
Board approved Case 23SN0123, subject to the following
conditions:
Conditions
1. Recreational Substances Use. Recreational
substance use (Retail, On-Site only) shall be
permitted on the Property. This use may be located on
the Property, which is within 2,000 linear feet of any
public or private school. Additionally, these uses may
also be located on the Property, which is within 2,000
linear feet of an existing recreational substances
use. (P)
2. Restaurant Area & Accessory Recreational
Substance Use. The restaurant area, which is comprised
of the “Tobacco and Cigar Humidor”, the “Non-Smoking
Seating Area”, the “Smoking Seating Area”, and the
“Kitchen and Retail Offices”, shall be a minimum of
12,001 square feet of floor area in the building. The
location of the areas described in Sections 2(a)
through 2(d) below may be adjusted within the
building, notwithstanding what is shown on the Layout,
so long as the minimum amount of square footage for
the restaurant area (12,0001 square feet) is
maintained.
a. The portion of the restaurant area
identified as “Tobacco and Cigar Humidor”, and
generally shown by the area depicted in dark blue on
the Layout, shall be used for on-site retail (as
accessory to the Smoking Seating Area and restaurant
use) of recreational substances only. Off-site retail
use for recreational substances shall be prohibited.
In addition, no accessory products for cigar and
hookah tobacco products shall be sold on the premises.
8/28/2024 Page 31 of 80
The business operator shall post signage in the
“Tobacco and Cigar Humidor” area that states the
following: “No retail sales for the off-site use of
our cigar and hookah tobacco products is permitted.
These products must be used within the restaurant
lounge only.”
b. The portion of the restaurant area
identified as “Non-Smoking Seating Area”, and
generally shown by the area depicted in pink on the
Layout, shall be used for seating related to food
service for the restaurant on the Property.
c. The portion of the restaurant area
identified as “Smoking Seating Area”, and generally
shown by the area depicted in red on the Layout, shall
be used for on-site retail use (as accessory to the
restaurant use) for recreational substances, and
seating related to food service for the restaurant on
the Property. The on-site retail use for recreational
substances shall be limited to cigar and hookah
tobacco products only.
d. The portion of the restaurant area
identified as “Kitchen and Retail Offices”, and
generally shown by the area depicted in green on the
Layout, shall be used as office space and for food
service accessory to the two seating areas. (P)
3. Warehouse Area. The warehouse area, as generally
depicted in light blue on the Building Layout Plan –
Exhibit A, shall be used for storing inventory related
to the occupant’s business, and for office and related
uses. The inventory stored in the warehouse shall be
for sale at the user’s other retail stores or to
supply the permitted products for on-site recreational
substance use. No off-site retail sales shall occur in
the warehouse area. The warehouse area shall be
limited to no more than 11,999 square feet of the
floor area of the building. The location of the
warehouse area, as depicted on the Layout, may be
adjusted, so long as the maximum square footage is not
exceeded and remains accessory to the restaurant use.
(P)
4. Hours of Operation. The hours of operation shall
be limited to (i) for the restaurant and the accessory
uses to include the “Tobacco and Cigar Humidor”, the
“Smoking Seating Area”, the “Non-Smoking Seating
Area”, and the “Kitchen and Retail Offices”, 9 A.M. to
12 A.M. Monday through Sunday, and (ii) for the
warehouse area, 9 A.M. to 8 P.M. Monday through
Sunday. (P)
5. Window Advertising. Window advertising is
prohibited except for cigar-related advertisements in
accordance with the County Zoning Ordinance. (P)
6. Accessory Lighting of Windows and Doors.
Accessory lighting of windows and doors that include
the use of colored lighting shall be prohibited.
8/28/2024 Page 32 of 80
This condition shall not prohibit typical lighting of
windows and doors for the purposes of providing
security or customer/employee safety. (P)
7. Video Surveillance. High resolution video
surveillance cameras (with a minimum 10-day image
retention) shall be installed on all four sides of the
building located on the Property. (Police)
8. Security Alarm. All exterior doors for the
building on the Property shall be connected to a
centrally monitored security alarm system, and the
building’s interior shall have motion-activated alarm
sensors to monitor the customer entrance area, smoking
lounge, and cigar sales area. (Police)
9. Community Connect. The owner of the business
operating the cameras on the Property shall join the
Chesterfield County Police Department’s Community
Connected program (Level 2) upon the terms in effect
at the time of this application’s approval, unless
otherwise agreed to by the owner of the business.
(Police)
10. Rear Door Improvements. The existing rear roll
up door area on the north side of the building on the
Property will be improved in a commercially reasonable
manner to prevent vehicles from ramming through the
door and into the building. The exact manner of
improvement shall be approved by the Planning Director
and the Chesterfield County Police Department’s Crime
Prevention Through Environmental Design Planner in
conjunction with plan or permit approval. (P & Police)
11. Patio. The “Side Patio” as shown on the Layout
shall be hardscaped. (P)
12. Landscaping. Within one (1) year of zoning
approval, the following landscaping treatment shall be
installed within the Route 60 setback:
a. One (1) large deciduous tree for every
thirty-five (35) linear feet of the yard along Route
60.
b. A double staggered hedgerow of
evergreen medium shrubs for the length of parking
areas between parking areas and roads, and low shrubs
and ground cover in planting beds at entrances.
c. At time of plan review, alternative
treatment may be approved based upon reduced averaged
setbacks, utility conflicts, or to ensure sign
visibility. (P)
13. Time Limitation. This use exception shall be
granted for a period not to exceed five (5) years from
the date of approval. (P)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
3. 24SN1067 - Chey Second Dwelling - Midlothian
8/28/2024 Page 33 of 80
In Midlothian Magisterial District, Chey Second Dwelling is a request for conditional use to permit a
second dwelling and amendment of zoning district map
in a Residential (R-15) District known as 11115
Crooker Drive. The 1.2 acre property is developed with
one single family dwelling and this request proposes
one second dwelling. The Comprehensive Plan suggests
the property is appropriate for Suburban Residential
II use (2-4 dwellings per acre). Tax ID 743-714-2457.
Ms. Wilson introduced Case 24SN1067. She stated the
Planning Commission and staff recommended approval,
subject to the conditions in the staff report.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public
hearing was closed.
On motion of Dr. Miller, seconded by Ms. Schneider,
the Board approved Case 24SN1067, subject to the
following imposed conditions:
1. Occupancy. Occupancy of the second dwelling unit
shall be limited to: the occupants of the principal
dwelling unit, individuals related to them by blood,
marriage, adoption, or guardianship, foster children,
personal gusts, and household employees. (P)
2. Deed Restriction. For the purpose of providing
record notice, prior to the issuance of a certificate
of occupancy for the second dwelling unit, a deed
restriction shall be recorded setting forth the
limitation in Condition 1. The deed book and page
number of such restriction and a copy of the
restriction as recorded shall be submitted to the
Planning Department. (P)
3. Water and Wastewater Connections. Should the
property be legally subdivided in the future, the
owner shall establish separate water and wastewater
connections to each dwelling unit, subject to the
review and approval of the Utilities Department. The
owner shall be responsible for all costs to establish
the new water and wastewater connections, including
payment of water and wastewater connection fees in
effect at the time the new services are initiated.
(U)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
4. 24SN1098 - Early Bird Pickers Warehouse - Matoaca
In Matoaca Magisterial District, Early Bird Pickers Warehouse is a request for a conditional use to permit
a warehouse use and amendment of zoning district map
in an Agricultural (A) District on 18.0 acres known as
23101 Hull Street Road. The Comprehensive Plan
suggests the property is appropriate for Rural
Residential/Agricultural use. Tax ID 677-654-8486.
8/28/2024 Page 34 of 80
Ms. Wilson introduced Case 24SN1098. She stated the
Planning Commission and staff recommended approval,
subject to the conditions in the staff report.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public
hearing was closed.
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board approved Case 24SN1098, subject to the following
conditions:
Conditions
1. Non Transferable Ownership. This conditional use
shall be granted to Michael Sturgeon and Kyung Lee
exclusively and shall not be transferable nor run with
the land. (P)
2. Use Limitation. This conditional use shall be
for a warehouse use and online auction business
incidental to a dwelling. (P)
3. Hours of Operation. The warehouse use shall
operate from Monday through Friday from 9:00 A.M. to
5:00 P.M. only. (P)
4. Employees. Employees working on the premises
shall be limited to the applicants and up to three (3)
employees who do not reside in the home. No more than
three (3) employees shall be working on site at any
one time. (P)
5. Clients. No more than two (2) clients shall be
permitted on the property at a time. Clients shall be
seen by appointment only. (P)
6. Site Improvements. The improvements for the
online auction business, associated parking, and
access shall be located in the general areas shown on
Exhibit A. All structures shall meet current setbacks
as required by Zoning Ordinance at the time of
development. The building for the online auction
business shall not exceed 5,000 square feet in area.
(P)
7. Design. The design and size of the warehouse for
the online auction business shall be consistent with
the conceptual elevation shown in Exhibit B. (P)
8. Historical Artifacts. Any items of historical or
cultural significance found during the construction of
the proposed warehouse and access and parking areas
shall be reported to the Virginia Department of
Historic Resources (VDHR) and the local Chesterfield
Historical Society upon discovery. (P)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
D. Discussion Cases
8/28/2024 Page 35 of 80
1. 24SN1056 - Magnolia Crossing Proffer Amendment -
Dale
In Dale Magisterial District, Magnolia Crossing
Proffer Amendment is a request for amendment of zoning
approval (Case 19SN0602) relative to garages and
modify development standards and amendment of zoning
district map in a Residential (R-15) District on
property fronting approximately 360 feet on the north
line of Old Lane, 690 feet east of Hopkins Road and
fronting in two places for 1580 feet on the east line
of Hopkins Road, 500 feet north of Old Lane. Density
is limited to 98 dwelling units on the 39.67 acre
property. The Comprehensive Plan suggests the property
is appropriate for Residential use (2.5 dwellings per
acre or less). Tax IDs 785-666-8528, 8563, 8746 and
9880; 785-667-8727 and 8755; 786-666-3851; and 786-
667-3619.
Mr. Harold Ellis provided the Board with an overview
of Case 24SN1056. He stated the Planning Commission
and staff recommended approval subject to the
conditions in the staff report.
Discussion and questions ensued relative to the case.
Mr. Jeff Geiger, representing the applicant, provided
the Board with additional information relative to the
case.
Mr. Holland called for public comment.
Mr. Greg Allen addressed the Board relative to his
2017 Centralia Placemaking Study and affordable
housing.
Ms. Renae Eldred expressed concerns relative to D. R.
Horton buying the property knowing it had proffers on
it and trying to make changes after the fact,
affordability, and the quality of D. R. Horton homes.
Mr. Jerry Turner expressed concerns relative to making
changes halfway through the program.
There being no one else to speak to the issue, the
public hearing was closed.
Mr. Geiger addressed comments made by the speakers.
Additional discussion and questions ensued relative to
comments made by the speakers.
Mr. Rob Loftis with D. R. Horton was present and
answered questions from the Board.
On motion of Mr. Holland, seconded by Ms. Schneider,
the Board approved Case 24SN1056 subject to the
following conditions:
Proffered Conditions
8/28/2024 Page 36 of 80
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 itself and its successors or
assigns, proffer that the property under consideration
(the “Property”) will be developed according to the
following proffer amendment if, and only if, the
proffer amendment request submitted herewith is
granted with only the amendments agreed to by the
owner. In the event this request is denied or
approved with amendments not agreed to by the owner,
the proffer amendments shall immediately be null and
void and of no further force or effect.
1. The Applicant hereby deletes Proffered Condition
5.A. of Case 19SN0602 in its entirety and replaces it
with the following:
Dwelling units shall exhibit architectural
styles and forms generally consistent with those
depicted in the renderings attached hereto as EXHIBIT
A, dated July 21, 2024. (P)
2. The Applicant hereby deletes Proffered Condition
5.C. of Case 19SN0602 in its entirety and replaces it
with the following:
Unit Porches. Each dwelling unit shall include
a front porch, measuring a minimum of five (5) feet in
depth, and featuring a roof of standing seam metal or
thirty (30) year architectural dimensional shingles
with algae protection and columns constructed of rot-
proof material such as MiraTEK or an equivalent
product. Where piers are used at the base of porch
columns such piers shall be constructed of brick,
stone or concrete. Porch floors and steps shall be
constructed of rot-resistant wood or concrete or other
masonry material. Each dwelling unit located on a
corner-side lot shall feature a front porch that wraps
around the corner-side-facing facade for at least
thirty percent (30%) of the side depth of the
dwelling. (P)
3. The Applicant hereby deletes Proffered Condition
5.D. of Case 19SN0602 in its entirety and replaces it
with the following:
Variation in Front Elevations. The following
restrictions designed to maximize architectural
variety of the dwelling units constructed on the
Property shall apply:
i. Dwellings with the same front elevation
may not be located adjacent to or directly across from
each other on the same street. This will be
accomplished by not locating an elevation with the
same first letter, as labeled in EXHIBIT A, next to,
or directly across from, an elevation with the same
first letter, as labeled in EXHIBIT A. For example,
elevation C-A shall not be located next to elevation
8/28/2024 Page 37 of 80
C-B, and elevation D-A shall not be located across
from elevation D-B. The restriction provided in this
proffer shall apply to Additional Renderings as well,
with the restriction being enforced based off the
labeling provided by the Planning Director.
ii. Variation in the front elevation to
address the paragraph above shall not be achieved by
mirroring the façade, but it shall be accomplished by
providing at least three (3) of the following
architectural changes:
(a) extending a front porch around
the dwelling to at least thirty percent (30%) of the
side depth of the dwelling.
(b) varying the type of roof or roof
line, such as varying the design and location of
dwelling gables and dormers as appropriate for the
architectural style of the associated dwelling.
(c) alternating the color themes with
respect to siding, doors, and trim
(d) changing from one architectural
style to another through architectural detailing
consistent with a different architectural style such
as Craftsman, Colonial Revival, Victorian, or
variations of those styles.
(e) varying the window and door
fenestration as appropriate for the architectural
style of the associated dwelling.
(f) visually accenting a portion of
the house such as a projecting room or porch walls
with brick or stone. (P)
4. The Applicant hereby deletes Proffered Condition
6 of Case 19SN0602 in its entirety and replaces it
with the following:
Driveways and Front Walks. Driveways shall be
constructed of asphalt or concrete or other masonry
material. Front walks leading from dwelling units to
driveways shall be a minimum of four (4) feet in width
and constructed of brushed, stamped, or exposed
aggregate concrete or other masonry material. (P)
5. The Applicant hereby deletes Proffered Condition
8 of Case 19SN0602 in its entirety and replaces it
with the following:
Garages. The following requirements apply to
garages on the Property:
i. Any garage door that is visible from a
public road shall feature an upgraded garage door. An
upgraded garage door is any door with a minimum of
three (3) enhanced features. Enhanced features shall
include windows, raised panels, decorative panels,
8/28/2024 Page 38 of 80
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 on any garage that is
visible from a public road.
ii. Garage doors incorporated into the front
façade of the dwelling shall comply with the
following: (i) the width of the garage door must not
exceed fifty percent (50%) of the width of the
dwelling, and (ii) a covered front porch must be
provided within the other fifty percent (50%) of the
width of the dwelling, as generally shown on EXHIBIT
A, unless otherwise approved at the time of plans
review. (P)
6. The Applicant hereby deletes Proffered Condition
11.A of Case 19SN0602 in its entirety and replaces it
with the following:
Pedestrian Access System. In conjunction with
construction of internal subdivision roads, the
Applicant/Developer/Subdivider shall provide a
pedestrian access system comprised of the sidewalks
along portions of Hopkins Road, Old Lane, and all
interior subdivision roads, together with pedestrian
paths of impervious material, all as generally shown
on the Concept Plan. (P)
7. The Applicant hereby deletes Proffered Condition
11.B of Case 19SN0602 in its entirety and replaces it
with the following:
Recreational Areas. Throughout the pedestrian
paths there shall be a minimum of two (2) of the
following items: a gazebo, garden, bench, and any
other passive amenities approved at the time of plans
review. Hardscape shall be used to connect the
selected items to the pedestrian access system or used
in another manner with the items as approved at the
time of plans review. (P)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
18. Public Hearings
A. To Consider an Ordinance to Amend County Code § 5-11
(Restrictions and Penalties) Updating Fine Minimum and
Maximums for Third or Subsequent Violators of the
Building Code and New Fine Maximums for Violators of
the Building Code at a Dwelling Unit of a Multifamily
Property
Mr. Jeff Mincks introduced the public hearing for the
Board to consider an ordinance to amend County Code §
5-11 updating fine minimums and maximums for third or
subsequent violators of the Building Code and new fine
maximums for violators of the Building Code at a
8/28/2024 Page 39 of 80
dwelling unit of a multifamily property.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public
hearing was closed.
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 5-11 RELATING TO VIOLATIONS
AND PENALTIES
BE IT ORDAINED by the Board of Supervisors of
Chesterfield County:
(1) That Section 5-11 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-
enacted to read as follows:
Sec. 5-11 – Violations and Penalties
No owner or any other person, firm or corporation
shall violate any provision of the Virginia Uniform
Statewide Building Code. Any violation shall be a
misdemeanor and any owner or any other person, firm or
corporation convicted of such a violation shall be
punished by a fine of not more than $2,500.00, except
as otherwise provided in this section. If the
violation concerns a residential unit and if the
violation remains uncorrected at the time of the
conviction, the court shall order the violator to
abate or remedy the violation. Except as otherwise
provided by the court for good cause shown, any such
violator shall abate or remedy the violation within
six months of the date of conviction. Each day that a
violation continues after conviction or after the
court ordered abatement period has expired shall
constitute a separate offense. Any person, firm, or
corporation convicted of a second offense committed
within less than five years after a first offense
under this chapter shall be punished by a fine of not
less than $1,000.00 nor more than $2,500.00. Any
person, firm, or corporation convicted of a second
offense committed within a period of five to ten years
after a first offense under this chapter shall be
punished by a fine of not less than $500.00 nor more
than $2,500.00. Any person, firm, or corporation
convicted of a third or subsequent offense involving
the same property committed within ten years after an
offense under this chapter shall be punished by
confinement in jail for not more than ten days and by
a fine of not less than $5,000.00 nor more than
$10,000.00.
Violations of any provision of the Building Code,
adopted and promulgated pursuant to § 36-103, at a
dwelling unit of a multifamily property that the
county has declared blighted pursuant to § 36-49.1:1
8/28/2024 Page 40 of 80
or 36-105.1:1, and where the building official or his
designee has taken official action to enforce such
provisions, shall be deemed a misdemeanor and any
owner or any other person, firm, or corporation
convicted of such a violation shall be punished by a
fine of not more than $10,000. If the violation
remains uncorrected at the time of the conviction, the
court shall order the violator to abate or remedy the
violation in order to comply with the Code within a
time period that is determined by the court and
appropriate considering the circumstances of the
violation. The abatement period shall not be longer
than six months. If the court fails to define an
abatement period, the period shall be seven calendar
days. Each day during which the violation continues
after the court-ordered abatement period has ended
shall constitute a separate offense.
Any person, firm, or corporation convicted of a second
offense committed within less than five years after a
first offense under this chapter shall be punished by
confinement in jail for not more than five days and a
fine of not less than $2,500 nor more than $10,000,
either or both.
Any person, firm, or corporation convicted of a second
offense committed within a period of five to 10 years
of a first offense under this chapter shall be
punished by a fine of not less than $1,000 nor more
than $10,000. Any person, firm, or corporation
convicted of a third or subsequent offense committed
within 10 years of an offense under this chapter after
having been at least twice previously convicted shall
be punished by confinement in jail for not more than
10 days and a fine of not less than $5,000 nor more
than $10,000, either or both. No portion of the fine
imposed for such third or subsequent offense committed
within 10 years of an offense under this chapter shall
be suspended.
(2) That this ordinance shall become effective
immediately upon adoption.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
B. To Consider an Ordinance to Amend County Code § 7-3
(Precinct Boundaries and Polling Places) to Change
Polling Place Location for Drewry’s Bluff Voting
Precinct (105)
Mr. Jeff Mincks introduced the public hearing for the
Board to consider an ordinance to amend County Code §
7-3 to change the polling place location for Drewry's
Bluff voting precinct (105) from Bensley Elementary
School to the Bensley Recreation Center due to
construction activities at the school site around the
time of the election.
Mr. Holland called for public comment.
Ms. Renae Eldred inquired if the precinct would be
8/28/2024 Page 41 of 80
moved back to Bensley Elementary School once
construction is complete.
Mr. Mincks stated the plan is to move it back to the
school.
There being no one else to speak to the issue, the
public hearing was closed.
On motion of Dr. Miller, seconded by Ms. Schneider,
the Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED, BY AMENDING SECTION
7.3 RELATING TO PRECINCT BOUNDARIES AND POLLING PLACES
BE IT ORDAINED by the Board of Supervisors of
Chesterfield County:
(1) That Section 7.3 of the Code of the County of
Chesterfield, 1997, as amended, is amended as follows:
Drewry's Bluff Voting Precinct (105):
Beginning at the point where the center line of the
Seaboard Coast Line right-of-way on the west side of
U.S. Route 1/301 (Jefferson Davis Highway) intersects
the boundary line between the County of Chesterfield
and the City of Richmond; thence southeastwardly along
said boundary line to its intersection with the James
River; thence southwardly along the James River to the
point where said river is intersected by the southern
boundary line of Richmond National Battlefield Park;
thence southwestwardly along the center line of
Richmond National Battlefield Park to its intersection
with the northern boundary lines of Census Blocks
1004033006 and 1004033007; thence westwardly along
these northern boundary lines to their intersection
with Interstate 95; thence southwardly along the
center line of Interstate 95 to its intersection with
Bellwood Road; thence southwestwardly along the center
line of Bellwood Road to its intersection with U.S.
Route 1/301 (Jefferson Davis Highway); thence north
along the center line of U.S. Route 1/301 to its
intersection with the CSX Railroad right-of-way;
thence southwestwardly along the center line of said
right-of-way to its intersection with Kingsland Creek;
then westwardly along the center line of Kingsland
Creek to its intersection with the Seaboard Coast Line
right-of-way; thence northwardly along the center line
of said right-of-way to its point and place of
beginning.
The voting place for Drewry’s Bluff Voting Precinct
shall be Bensley Recreation Center, 2900 Drewry’s
Bluff Road.
(2) That this ordinance shall become effective
immediately upon satisfaction of the requirements of
Section 24.2-129 of the Code of Virginia.
8/28/2024 Page 42 of 80
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
C. To Consider an Ordinance to Amend County Code § 18-30
Relating to Termination of Service for Nonpayment of
Utility Charges; Security Deposits to Conform to
Changes to Code of Virginia Relating to Disconnections
of Utility Service
Mr. Jeff Mincks introduced the public hearing for the
Board to consider an ordinance to amend County Code §
18-30 relating to termination of service for
nonpayment of utility charges; security deposits to
conform to changes to Code of Virginia relating to
disconnections of utility service.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public
hearing was closed.
On motion of Ms. Schneider, seconded by Dr. Miller,
the Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED, BY AMENDING SECTION
18-30 RELATING TO TERMINATION OF SERVICE FOR
NONPAYMENT OF UTILITY CHARGES; SECURITY DEPOSITS
BE IT ORDAINED by the Board of Supervisors of
Chesterfield County:
(1) That Section 18-30 of the Code of the County of
Chesterfield, 1997, as amended, is amended as follows:
Sec. 18-30. – Termination of service for nonpayment of
utility charges; security deposits.
(a) Except as provided in subsections (b), (c), and
(e) below, if the bill for any utility charge remains
delinquent for 60 days and the director has delivered
notice to the consumer that utility service will be
disconnected by either mail, email, text message,
phone call, or door hanger, the director shall
disconnect utility service.
(b) Notwithstanding subsection (a), above, the
director shall not disconnect utility service for a
residential consumer when the forecasted temperature
is at or above 92 degrees Fahrenheit within the 24
hours following the scheduled disconnection. To
ascertain the projected temperature, the director
shall refer to the forecasted local temperature
provided by the National Weather Service where the
residential customer to be disconnected is located.
(c) Notwithstanding subsection (a), above, the
director shall not disconnect utility service for a
residential consumer on Fridays, weekends, state
holidays, or the day immediately preceding a state
holiday.
8/28/2024 Page 43 of 80
(d) Nothing in subsections (b) or (c), above, shall
be construed to limit the director from voluntarily
suspending scheduled disconnections during other
extreme weather events, emergency conditions, or
circumstances in which the director determines such
suspension is necessary to protect the health and
safety of its consumers and the reliability of utility
service in the Commonwealth. Further, nothing in
subsections (b) or (c), above, shall be construed to
prohibit emergency disconnections for health and
safety purposes or the occurrence of an automatic
service suspension associated with prepaid utility
service. Any fees or expenses incurred by the county
in complying with the requirements of subsections (b)
or (c), above, shall be recovered by the county.
(e) Notwithstanding subsection (a), above, the
director shall not disconnect utility service for a
consumer when the health officers certify that
shutting off the water will endanger the health of the
occupants of the premises or the health of others.
(f) After each missed payment by a residential
consumer, the director shall provide notice by either
mail, email, text message, phone call, or door hanger
and make contact with the residential consumer and
offer bill payment assistance, arrange a payment plan,
or provide information to the residential consumer for
other bill payment assistance or energy savings
programs.
(g) Consumers paying delinquent bills shall pay the
following charges in addition to the full payment of
the delinquent bill:
(1) $10.00 when payment is made after
notice of nonpayment is delivered by mail, email, text
message, phone call, or door hanger;
(2) $30.00 when payment is made after the
consumer’s service has been disconnected.
(h) The director shall require all consumers who
have filed a petition in bankruptcy to provide
adequate assurance of payment for future utility
service in accordance with federal law.
(2) That this ordinance shall become effective
immediately upon adoption.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
D. To Consider an Ordinance to Amend the Zoning Ordinance
Relative to Floodplain Management
Mr. Scott Smedley, Director of Environmental
Engineering, introduced the public hearing to consider
an ordinance to amend the Zoning Ordinance relative to
Floodplain Management.
Mr. Holland called for public comment.
8/28/2024 Page 44 of 80
There being no one to speak to the issue, the public
hearing was closed.
On motion of Ms. Schneider, seconded by Mr. Ingle, 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 SECTIONS 19.1-500 through 19.1-508 and 19.1-
570 OF THE ZONING ORDINANCE RELATING TO FLOODPLAIN
MANAGEMENT DISTRICTS AND DAM BREAK INUNDATION ZONES
AND DEFINITIONS
BE IT ORDAINED by the Board of Supervisors of
Chesterfield County:
(1) That Sections 19.1-500 through 19.1-508 and
19.1-570 of the Code of the County of Chesterfield,
1997, as amended, are amended and re-enacted to read
as follows:
ARTICLE V. ENVIRONMENTAL STANDARDS DIVISION 1. FLOODPLAIN MANAGEMENT DISTRICTS AND DAM BREAK INUNDATION ZONES Sec. 19.1-500. – Purpose and Areas of Applicability.
A. The floodplain management regulations set forth
in this division are adopted pursuant to the authority
set forth in Va. Code § 15.2-2280 and may be referred
to as the floodplain management ordinance. The purpose
of these provisions is to prevent loss of life and
property, creation of hazards to health and safety,
disruption of commercial and governmental services,
extraordinary and unnecessary expenditure of public
funds for flood protection and relief and impairment
of the tax base by:
1. Regulating uses, activities and
development which, acting alone or in combination with
other existing or future uses, activities and
development, will cause unacceptable increases in
flood heights, velocities and frequencies, or risk of
inundation due to a dam break.
2. Restricting or prohibiting certain uses,
activities and development from locating within areas
subject to flooding or dam break inundation.
3. Requiring all those uses, activities and
developments that do occur in floodprone areas or dam
break inundation zones to be protected and/or
floodproofed against flooding and flood damage.
4. Providing information to the public
regarding lands and structures which are unsuited for
certain purposes because of flood hazards or risk of
inundation due to a dam break.
B. No land shall hereafter be developed and no
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structure shall be located, relocated, constructed,
reconstructed, enlarged or structurally altered except
in full compliance with the requirements of this
division and any other applicable ordinances and
regulations that apply to uses within the scope of
this division.
C. The requirements of this division shall apply to
all privately and publicly owned lands within the
county that are identified as special flood hazard
areas according to the Flood Insurance Rate Map (FIRM)
and Flood Insurance Study (FIS) provided to the county
by FEMA or identified as floodplains by the director
of environmental engineering. The requirements of this
division take precedence over any less restrictive
laws, ordinances or codes. Any ordinance, however,
shall remain in full force and effect to the extent
that its provisions are more restrictive.
Sec. 19.1-501. – Administration of Regulations.
A. This division shall be enforced by the director
of environmental engineering and such deputies as he
may appoint. The director of environmental engineering
shall serve as the county’s floodplain management
administrator. In the absence of a designated
floodplain management administrator, the duties are
conducted by the Deputy County Administrator of
Community Development. The floodplain management
administrator shall review all subdivision and site
plans, improvement sketches, land disturbance permits
and building permits, and certify that the proposed
development or construction is not in violation of the
provisions of this division. If a proposed development
or construction is in conflict with this division, the
director of environmental engineering shall refuse to
approve such plan or building permit. The floodplain
management administrator may delegate duties to
qualified technical personnel or enter into a written
contract with another entity to administer specific
provisions of these regulations, however that shall
not relieve the county of its responsibilities as set
forth in the Code of Federal Regulations at 44 C.F.R.
Section 59.22.
B. The duties and responsibilities of the director
of environmental engineering under this division
include, but are not limited to, the following:
1. Review applications for permits to
determine whether proposed activities will be located
in the special flood hazard area or other floodplains
identified by the director of environmental
engineering.
2. Make interpretations as to the exact
location of special flood hazard areas, floodplain
boundaries and floodway boundaries and provide
available base flood elevation and flood hazard
information.
8/28/2024 Page 46 of 80
3. Review applications to determine whether
proposed activities will be reasonably safe from
flooding, and require new construction and substantial
improvements to meet the requirements of these
regulations.
4. Review applications to determine whether
all necessary permits have been obtained from the
federal, state or local agencies from which prior or
concurrent approval is required; in particular,
permits from state agencies for any construction,
reconstruction, repair, or alteration of a dam,
reservoir, or waterway obstruction (including bridges,
culverts, structures), any alteration of a
watercourse, or any change of the course, current, or
cross section of a stream or body of water, including
any change to the 100 year frequency floodplain of
free-flowing non-tidal waters of the state.
5. Verify that applicants proposing an
alteration of a Federal Emergency Management Agency
(FEMA) identified watercourse have notified adjacent
localities, the Virginia Department of Conservation
and Recreation (Division of Dam Safety and Floodplain
Management), and other appropriate agencies (VADEQ,
USACE) and have submitted copies of such notifications
to FEMA.
6. Notify FEMA when the county’s base flood
elevations have increased or decreased as a result of
physical changes affecting flooding conditions. The
notification shall be made as soon as practicable, but
not later than six months, after the date such
information becomes available, and shall include
submittal of technical or scientific data. These
submittals are necessary so that, upon confirmation of
any physical changes that affect flooding conditions,
the risk premium rates and floodplain management
requirements will be based upon current data.
7. Approve applications and issue permits to
develop in flood hazard areas if the provisions of
these regulations have been met or disapprove
applications if the provisions of these regulations
have not been met.
8. Inspect or cause to be inspected,
buildings, structures, and other development for which
permits have been issued to determine compliance with
these regulations or to determine if non-compliance
has occurred or violations have been committed.
9. Review Elevation Certificates and require
incomplete or deficient certificates to be corrected.
10. Submit to FEMA, or require applicants to
submit to FEMA, data and information necessary to
maintain FIRMs, including hydrologic and hydraulic
engineering analyses prepared by or for the county or
by private parties within six months after such data
and information becomes available if the analyses
8/28/2024 Page 47 of 80
indicate changes in base flood elevations.
11. Maintain and permanently keep records
that are necessary for the administration of these
regulations, including:
a. Flood Insurance Studies, Flood
Insurance Rate Maps (including historic studies and
maps and current effective studies and maps), flood
boundary and floodway maps, mapped dam break
inundation zones (when provided to the director of
environmental engineering), and Letters of Map
Change;
b. When provided to the director of
environmental engineering, documentation supporting:
issuance and denial of permits, Elevation
Certificates, the elevation (in relation to the datum
on the FIRM) to which structures have been
floodproofed, other required design certifications,
variances, and records of enforcement actions taken to
correct violations of these regulations;
c. Records of all actions associated
with administering this division, including variances
and the justification for their issuance, and reports
to the federal insurance administrator, as required.
12. Enforce, or cause to be enforced, the
provisions of these regulations, investigate
violations, issue notices of violations or stop work
orders, and require permit holders to take corrective
action.
13. Advise the board of zoning appeals
regarding the intent of these regulations and, for
each appeal from a variance determination made by the
director of environmental engineering, prepare a staff
report and recommendation for the board of zoning
appeals.
14. Administer the requirements related to
proposed work on existing buildings:
a. Make determinations as to
whether buildings and structures that are located in
flood hazard areas and that are damaged by any cause
have been substantially damaged.
b. Make reasonable efforts to
notify owners of substantially damaged structures of
the need to obtain a permit to repair, rehabilitate,
or reconstruct, and prohibit the non-compliant repair
of substantially damaged buildings except for
temporary emergency protective measures necessary to
secure a property or stabilize a building or structure
to prevent additional damage.
15. Notify FEMA when the boundaries of the
county have been modified and:
8/28/2024 Page 48 of 80
a. Provide a map that clearly
delineates the new boundaries or the new area for
which the authority to regulate pursuant to these
regulations has either been assumed or relinquished
through annexation; and
b. If the FIRM for any annexed area
includes special flood hazard areas that have flood
zones that have regulatory requirements that are not
set forth in these regulations, prepare amendments to
these regulations to adopt the FIRM and appropriate
requirements, and submit the amendments to the board
of supervisors for adoption; such adoption shall take
place at the same time as or prior to the date of
annexation and a copy of the amended regulations shall
be provided to the Virginia Department of Conservation
and Recreation (Division of Dam Safety and Floodplain
Management) and FEMA.
16. Upon the request of FEMA, complete and
submit a report concerning participation in the
National Flood Insurance Program (NFIP) which may
request information regarding the number of buildings
in the SFHA, number of permits issued for development
in the SFHA, and number of variances issued for
development in the SFHA.
17. Take into account flood and flood-
related erosion hazards, to the extent that they are
known, in all official actions relating to land
management and use throughout the entire
jurisdictional area of the county, whether or not
those hazards have been specifically delineated
geographically (e.g. via mapping or surveying).
18. If a Preliminary Flood Insurance Rate
Map and/or a Preliminary Flood Insurance Study has
been provided by FEMA:
a. Upon the issuance of a Letter of
Final Determination by FEMA, the preliminary flood
hazard data shall be used and shall replace the flood
hazard data previously provided from FEMA for the
purposes of administering these regulations.
b. Prior to the issuance of a
Letter of Final Determination by FEMA, the use of
preliminary flood hazard data shall be deemed the best
available data pursuant to Sec. 19.1-500.C. and used
where no base flood elevations and/or floodway areas
are provided on the effective FIRM.
c. Prior to issuance of a Letter of
Final Determination by FEMA, the use of preliminary
flood hazard data is permitted where the preliminary
base flood elevations or floodway areas exceed the
base flood elevations and/or designated floodway
widths in existing flood hazard data provided by FEMA.
Such preliminary data may be subject to change and/or
appeal to FEMA.
8/28/2024 Page 49 of 80
19. Undertake, as determined by the director
of environmental engineering, appropriate other
actions which may include but are not limited to:
issuing press releases, public service announcements,
and other public information materials related to
permit requests and repair of damaged structures;
coordinating with other federal, state, and local
agencies to assist with substantial damage
determinations; providing owners of damaged structures
information related to the proper repair of damaged
structures in special flood hazard areas; and
assisting property owners with documentation necessary
to file claims for Increased Cost of Compliance
coverage under NFIP flood insurance policies.
C. For floodplain management definitions, see
Section 19.1-570.
Sec. 19.1-502. – Floodplains and Zones Generally.
A. Basis of Special Flood Hazard Area (“SHFA”)
Districts. The special flood hazard areas shall
include the following districts, which are established
as overlay zones superimposed over the existing base
zoning districts and which do not affect the uses and
activities of the base zones except as provided in
this division. The basis for the delineation of these
SFHA districts shall be: the FIS and the FIRM for the
county prepared by the Federal Emergency Management
Agency; Federal Insurance Administration, dated May 8,
2024 and any subsequent revisions or amendments
thereto; and any other 100 year floodplains identified
by the director of environmental engineering. The
boundaries of the SFHA districts are established as
shown on the FIRM which is declared to be a part of
this ordinance and which shall be kept on file by the
director of environmental engineering.
1. The AE Zone on the FIRM accompanying the
FIS shall be those areas for which one percent annual
chance flood elevations have been provided and the
floodway has not been delineated, as well as
additional areas shown on applicable studies, as
determined by the director of environmental
engineering. The following shall apply:
a. Until a regulatory floodway is
designated, no new construction, substantial
improvements, or other development (including fill)
shall be permitted within the areas of special flood
hazard, designated as Zone AE, unless it is
demonstrated that the cumulative effect of the
proposed development, when combined with all other
existing and anticipated development, will not
increase the water surface elevation of the base flood
more than one foot.
b. Development activities in Zone
AE which increase the water surface elevation of the
base flood by more than one foot may be allowed,
provided that the applicant first applies, with the
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county’s endorsement, for a conditional letter of map
revision, and receives the approval of FEMA.
2. The floodway district is located in the
AE Zone. It shall be those areas within the floodplain
capable of carrying the waters of the one percent
annual chance flood without increasing the water
surface elevation of that flood more than one foot at
any point. The areas included in this district are
specifically defined in Table 5 of the FIS and shown
on the accompanying FIRM and also include, where
applicable, those additional areas identified by the
director of environmental engineering.
3. The floodway fringe district is also
located in the AE Zone. It shall be that area of the
base flood area not included in the floodway. The
basis for the outermost boundary of this area shall be
the base flood elevations contained in the flood
profiles of the FIS, as shown on the accompanying FIRM
or as shown on any other applicable study, as
determined by the director of environmental
engineering.
4. The A Zone or approximated floodplain
district on the FIRM shall be those areas for which no
detailed flood profiles or elevations are provided,
but the one percent annual chance floodplain boundary
has been approximated. For these areas, the base flood
elevations and floodway information from federal,
state, and other acceptable sources shall be used,
when available. Where the specific one percent annual
chance flood elevation cannot be determined for this
area using other sources of data, such as the U. S.
Army Corps of Engineers Floodplain Information
Reports, U. S. Geological Survey Flood-Prone
Quadrangles, etc., then the applicant for the proposed
use, development and/or activity shall determine this
base flood elevation. For non-residential development
proposed in the approximated floodplain district, the
applicant must use technical methods that correctly
reflect detailed hydrologic and hydraulic analyses.
Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or other individuals
qualified to perform such analyses, who shall certify
that the technical methods used accurately reflect
currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in
sufficient detail to allow a thorough review by the
director of environmental engineering and shall
include a theoretical delineation of the Floodway
District from the AE Zone when development within an
approximated floodplain district is requested. The
director of environmental engineering reserves the
right to require a hydrologic and hydraulic analysis
for any development. When such base flood elevation
data is utilized, the lowest floor shall be elevated
to a minimum of one foot above the base flood level.
5. During the permitting process, the
applicant shall provide to the director of
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environmental engineering:
a. The elevation of the lowest floor
(including the basement) of all new and substantially
improved structures; and,
b. if the structure has been flood-
proofed in accordance with the requirements of this
article, the elevation (in relation to mean sea level)
to which the structure has been flood-proofed.
6. Base flood elevation data shall be
obtained from other sources or developed using
detailed methodologies comparable to those contained
in a FIS for subdivision proposals and other
development proposals (including manufactured home
parks and subdivisions).
B. Floodplains Boundary Changes. The delineation on
FEMA floodplain maps of any of the FEMA floodplains
may be revised by the county when natural or manmade
changes have occurred and/or more detailed studies
have been conducted or undertaken by the U.S. Army
Corps of Engineers or other qualified agency, or where
an individual documents the need for such change.
However, prior to any such change, approval must be
obtained from FEMA.
C. Interpretation of Floodplain Boundaries. Initial
interpretation of the boundaries of the FEMA special
flood hazard areas, floodplain boundaries, and
floodway boundaries shall be made by the director of
environmental engineering. An appeal to the board of
zoning appeals may be taken by any person aggrieved by
the interpretation. The following shall apply to the
use and interpretation of FIRMs and data:
1. Where field surveyed topography indicates
that adjacent ground elevations:
a. are below the base flood
elevation, even in areas not delineated as a special
flood hazard area on a FIRM, the area shall be
considered as a special flood hazard area and subject
to these regulations;
b. are above the base flood
elevation, the area shall be regulated as a special
flood hazard area unless the applicant obtains a
Letter of Map Change that removes the area from the
SFHA.
2. In FEMA-identified special flood hazard
areas where base flood elevation and floodway data
have not been identified and in areas where FEMA has
not identified SFHAs, any other flood hazard data
available from a federal, state, or other source shall
be reviewed and reasonably used.
3. Base flood elevations and designated
floodway boundaries on FIRMs and in FISs shall take
8/28/2024 Page 52 of 80
precedence over base flood elevations and floodway
boundaries by any other sources if such sources show
reduced floodway widths and/or lower base flood
elevations.
4. Other sources of data shall be reasonably
used if such sources show increased base flood
elevations and/or larger floodway areas than are shown
on FIRMs and in FISs.
D. Letters of Map revision. When development in the
floodplain causes a change in the base flood
elevation, the applicant, including state agencies,
must notify FEMA as soon as practicable, but not later
than six months after the date such information
becomes available by applying for a conditional letter
of map revision (CLOMR) or a letter of map revision
(LOMR). A letter of map revision is required, without
limitation, in the following circumstances: any
development that causes a rise in the base flood
elevations within the floodway; any development
occurring in Zone AE without a designated floodway,
which will cause a rise of more than one foot in the
base flood elevation; and alteration or relocation of
a stream (including, but not limited to, installing
culverts and bridges).
Sec. 19.1-503. – Floodplains and Dam Break Inundation Zones Regulations.
A. General Provisions.
1. All uses, activities and development
occurring within any floodplain district shall be
undertaken only after the issuance of a land
disturbance and/or building permit. Such development
shall be undertaken only in strict compliance with the
provisions of this chapter and with all other
applicable codes and ordinances, including, but not
limited to, the Virginia Uniform Statewide Building
Code and the county subdivision and erosion and
sediment control ordinances. Under no circumstances
shall any use, activity, and/or development adversely
affect the capacity of the channels or floodways of
any watercourse, drainage ditch, or any other drainage
facility or system unless approved by the director of
environmental engineering. Prior to the issuance of
any building permit and/or land disturbance permit,
the director of environmental engineering shall
require all applications to include compliance with
all applicable state and federal laws, and review all
sites to assure they are reasonably safe from
flooding. In addition to the basic information on the
permit, the applicant shall provide the following
information:
a. For every structure that will be
constructed on a lot or parcel that includes a
floodplain, the elevation of the lowest floor,
including basement, and horizontal distance of the
structure from the outermost boundary of the base
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flood.
b. For every nonresidential
structure that will be floodproofed, the elevation to
which the structure will be floodproofed.
c. The elevation of the base
flood.
d. Topographic information showing
existing and proposed ground elevations or, if
approved by the director of environmental engineering,
other means of indicating direction of water flow.
2. Prior to any proposed alteration or
relocation of any channels or floodways of any
watercourse, streams, etc., as shown on the county's
FIRM, and prior to approval by the director of
environmental engineering, the applicant shall also
obtain approval from the U.S. Army Corps of Engineers,
the Virginia Department of Environmental Quality or
the Virginia Marine Resources Commission (a joint
permit application is available from any of these
organizations). Further, the applicant shall give
notification of the proposal to all affected adjacent
localities. Copies of such notifications shall be
forwarded to the director of environmental
engineering, the Virginia Department of Conservation
and Recreation (Division of Dam Safety and Floodplain
Management) and FEMA. The flood carrying capacity
within an altered or relocated portion of any
watercourse shall be maintained.
3. One residential dwelling shall be
permitted on each parcel that was recorded as of March
16, 1983, that is at least 95 percent inundated by the
base flood and that is located within the base flood,
provided it shall have a minimum floor level,
including basement, of one foot above the base flood
and cause no increase in the base flood elevation. No
residential dwelling shall be permitted on parcels
recorded after March 16, 1983, that are located within
the base flood unless approved by the director of
environmental engineering through the variance process
of Secs.19.1-504. and 19.1-505. and even then only if
such dwelling has a minimum floor level of one foot
above the base flood and causes no increase in the
base flood elevation.
4. All new construction and substantial
improvements to accessory buildings and structures
shall be permitted within a floodway fringe area if
the director of environmental engineering determines
that it does not adversely affect the base flood.
5. All substantial improvements of
residential dwellings within the base flood area shall
comply with Sec. 19.1-506.1.
6. All new construction and substantial
improvements of residential dwellings adjacent to the
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base flood area/backwater shall be set back at least
25 feet horizontal distance from the outermost
boundary of the base flood area/backwater and have a
minimum lowest floor level, including basement, of one
foot above the base flood elevation. In the Upper
Swift Creek Watershed, all new construction of and
substantial improvements to residential dwellings
shall be setback at least 35 feet horizontal distance
from the outermost boundary of the 100 year floodplain
where the contributing drainage area exceeds 100
acres.
7. All new construction and substantial
improvements of nonresidential structures and
accessory buildings:
a. Within the floodway fringe shall
either: have a minimum floor level of one foot above
the base flood elevation, or, together with attendant
utility and sanitary facilities, be designed to be
watertight at least one foot above the base flood
elevation with walls substantially impermeable to the
passage of water and with structural components having
the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
b. Within the Upper Swift Creek
Watershed all new construction and substantial
improvements of nonresidential structures and
accessory buildings shall be located outside the
floodway fringe and shall be set back at least 25 feet
horizontal distance from the outermost boundary of the
base flood area, wetlands, Resource Protection Areas
and 100 year floodplains where the contributing
drainage area exceeds 100 acres, provided however,
that when LID practices, as determined by the director
of environmental engineering, are used adjacent to
wetlands, floodplains and Resource Protection Areas,
the setback may be reduced to 5 feet.
8. All new construction and substantial
improvements of nonresidential structures on property
adjacent to the base flood area shall either: have a
minimum floor level of one foot above the base flood
elevation of the nearest A Zone, or, together with
attendant utility and sanitary facilities, be designed
so that at least one foot above the base flood
elevation of the nearest A Zone is watertight with
walls substantially impermeable to the passage of
water and with structural components having the
capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
9. When floodproofing is used for a
particular structure in accordance with subsection 7
of this section, a registered professional engineer or
architect shall certify that the floodproofing methods
are adequate to withstand the flood depths, pressures,
velocities, impact and uplift forces and other factors
associated with the base flood. A record of such
certificates, indicating the specific elevation
8/28/2024 Page 55 of 80
(referenced to the National Geodetic Vertical Datum of
1929 (NGVD)) to which structures are floodproofed
shall be maintained by the director of environmental
engineering in accordance with Sec. 19.1-501.
10. The county's emergency management
coordinator may require that owners of existing
manufactured home parks and manufactured home
subdivisions located within the base flood area file
an evacuation plan indicating alternate vehicular
access and escape routes.
11. All existing manufactured homes (in
parks or on individual lots/parcels) located in the
base flood area shall be anchored to resist flotation,
collapse or lateral movement by providing over-the-top
and frame ties to ground anchors. Specific
requirements shall be that: over-thetop ties shall be
provided at each of the four corners of the
manufactured home with two additional ties per side at
intermediate locations, but manufactured homes less
than 50 feet long require one additional tie per side;
frame ties shall be provided at each corner of the
home with five additional ties per side at
intermediate points, but homes less than 50 feet long
require four additional ties per side; all components
of the anchoring system shall be capable of carrying a
force of 4,800 pounds; and any additions to the home
shall be similarly anchored. All such manufactured
homes shall be located no less than three feet above
grade, provided that no manufactured home at the same
site has sustained substantial damage from a flood. If
any manufactured home at the same site has sustained
substantial damage from a flood, all existing
manufactured homes at the same site shall be elevated
on a permanent foundation, such that the lowest floor
of the manufactured home is elevated to or above the
base flood elevation.
12. The placement of new manufactured homes
on individual lots or parcels, the construction of new
manufactured home parks and manufactured home
subdivisions, and the expansion or substantial
improvements to existing manufactured home parks and
manufactured home subdivisions shall be prohibited
within the base flood area.
13. The placement of new manufactured homes
on individual lots or parcels adjacent to the base
flood area, the construction of new manufactured home
parks and manufactured home subdivisions, and the
expansion of existing manufactured home parks and
manufactured home subdivisions shall require that:
stands or lots be elevated on compacted fill or on
pilings so that the lowest floor of the home will be
at least one foot above the base flood elevation of
the nearest A zone and be set back at least 25 feet
horizontal distance from the outermost boundary of the
base flood; adequate surface drainage and access for a
hauler be provided; and, in the instance of elevation
on pilings, lots be large enough to permit steps
8/28/2024 Page 56 of 80
piling foundations to be placed in stable soil not
more than ten feet apart and reinforcement shall be
provided for pilings more than six feet above ground
level.
14. All subdivision proposals and other
proposed new developments shall include, within such
proposals, base flood elevation data. In addition, all
subdivision proposals shall be consistent with the
need to minimize flood damage, including location and
construction of public utilities and facilities such
as sewer, gas, electrical and water systems, and shall
provide for adequate drainage to reduce exposure to
flood hazards. Base flood evaluation data shall be
obtained from other sources or developed using
detailed methodologies, hydraulic and hydrologic
analysis, comparable to those contained in a Flood
Insurance Study for subdivision proposals and other
proposed development proposals (including manufactured
home parks and subdivisions).
15. All new construction and substantial
improvements to existing structures shall have the
access driveways elevated to at least the base flood
elevation.
16. All new construction and substantial
improvements to existing structures shall be anchored
to prevent flotation, collapse or lateral movement of
the structure, constructed with materials and utility
equipment that are resistant to flood damage, and
constructed by methods and practices that minimize
flood damage.
17. There shall be no filling of any
floodplain unless approved by the director of
environmental engineering and an approved land
disturbance permit, building permit, improvement
sketch, subdivision or site plan is on file with the
department of environmental engineering.
18. Filling in the base flood area shall be
prohibited to make a building lot for the purpose of
constructing a residential dwelling unless permitted
by a variance issued by the director of environmental
engineering. This prohibition shall not apply to
Section 19.1-503.A.3.
19. New construction or substantial
improvement of any residential structure (including
manufactured homes) in Zones AE and A with detailed
base flood elevations shall have the lowest floor,
including basement, elevated to a minimum of one foot
above the base flood level.
20. New construction or substantial
improvement of any commercial, industrial, or non-
residential building (or manufactured home) shall have
the lowest floor, including basement, elevated to a
minimum of one foot above the base flood level.
8/28/2024 Page 57 of 80
21. Electrical, heating, ventilation,
plumbing, air conditioning equipment and other service
facilities, including duct work, shall be designed
and/or located so as to prevent water from entering or
accumulating within the components during conditions
of flooding.
22. New and replacement water supply systems
shall be designed to minimize or eliminate
infiltration of flood waters into the system.
23. New and replacement sanitary sewage
systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and
discharges from the systems into flood waters.
24. On-site waste disposal systems shall be
located and constructed to avoid impairment to them or
contamination from them during flooding.
25. Commercial buildings located in all AE
Zones may be flood-proofed in lieu of being elevated
provided that all areas of the building components
below the elevation corresponding to the BFE plus one
foot are water tight with walls substantially
impermeable to the passage of water, and use
structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the
effect of buoyancy. A registered professional engineer
or architect shall certify that the standards of this
subsection are satisfied. Such certification,
including the specific elevation (in relation to mean
sea level) to which such structures are floodproofed,
shall be maintained by the director of environmental
engineering.
26. In Zones A and AE, fully enclosed areas,
of new construction or substantially improved
structures, which are below the regulatory flood
protection elevation shall:
a. Not be designed or used for
human habitation, but shall only be used for parking
of vehicles, building access, or limited storage of
maintenance equipment used in connection with the
premises. Access to the enclosed area shall be the
minimum necessary to allow for parking of vehicles
(garage door) or limited storage of maintenance
equipment (standard exterior door), or entry to the
living area (stairway or elevator);
b. Be constructed entirely of flood
resistant materials below the regulatory flood
protection elevation; and
c. Include measures to
automatically equalize hydrostatic flood forces on
walls by allowing for the entry and exit of
floodwaters. To meet this requirement, the openings
must either be certified by a professional engineer or
architect or meet the following minimum design
8/28/2024 Page 58 of 80
criteria:
• Provide a minimum of two
openings on different sides of each enclosed area
subject to flooding.
• The total net area of all
openings must be at least one square inch for each
square foot of enclosed area subject to flooding.
• If a building has more than one
enclosed area, each area must have openings to allow
floodwaters to automatically enter and exit.
• The bottom of all required
openings shall be no higher than one foot above the
adjacent grade.
• Openings may be equipped with
screens, louvers, or other opening coverings or
devices, provided they permit the automatic flow of
floodwaters in both directions.
• Foundation enclosures made of
flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require
openings. Masonry or wood underpinning, regardless of
structural status, is considered an enclosure and
requires openings as outlined above.
27. Prior to issuance of a certificate of
occupancy for any single family dwelling on a lot or
parcel which is located, in whole or in part, on a
FEMA floodplain, the owner of the lot or parcel shall
obtain and file an elevation certificate for the lot
with the director of environmental engineering.
28. All recreational vehicles placed on
sites must either be on the site for fewer than 180
consecutive days, be fully licensed and ready for
highway use (a recreational vehicle is ready for
highway use if it is on its wheels or jacking system,
is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently
attached additions) or meet all the requirements for
manufactured homes.
29. New construction and substantial
improvements shall be constructed with materials and
utility equipment resistant to flood damage.
B. Floodway District. The following shall be
prohibited in the floodway district: structures,
substantial improvements, manufactured homes, fill or
other development. The county shall not grant relief
from this provision through any process, unless relief
from this provision shall have first been approved by
FEMA to the extent that the director of environmental
engineering determines that FEMA approval is required.
C. Floodway Fringe District.
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1. Generally. In the floodway fringe
district, the development and/or use of land shall be
permitted in accordance with the regulations of the
underlying zoning district, but all such uses,
activities and/or development shall not increase the
base flood elevation and they shall be undertaken in
strict compliance with the floodproofing and related
provisions contained in the Virginia Uniform Statewide
Building Code and all applicable codes and ordinances.
2. Permitted Uses.
a. Nonresidential construction,
subject to the provisions of Sec. 19.1-503.A.7.
b. Accessory structures, subject to
the provisions of Sec. 19.1-503.A.4.
c. Golf courses.
D. Approximated Floodplain District. In the
approximated floodplain district, all development and
uses shall be the same as permitted in the floodway
district.
E. 100 Year Floodplains in Upper Swift Creek
Watershed.
1. The following shall be prohibited within
the Upper Swift Creek Watershed 100 year floodplains
when the contributing drainage area exceeds 100 acres
in size:
a. Clear cutting;
b. Removal of tree stumps;
c. Clearing of vegetation;
d. Filling;
e. Grading;
f. Placement of fences or other
appurtenant structures.
2. The following actions are exempt from the
prohibitions outlined above:
a. Construction, installation,
operation and maintenance of electric, gas, cable and
telephone transmission lines, railroads and public
roads and their appurtenant structures if conducted in
accordance with the Erosion and Sediment Control Law,
Code of Virginia, §§ 62.1-44.15:51 et seq, or an
erosion and sediment control plan approved by the
State Water Control Board.
b. Construction, installation and
maintenance of water, sewer and local gas lines,
provided that:
1. To the degree possible, the
location of such utilities and facilities should be
outside 100 year floodplain.
2. No more land than necessary
8/28/2024 Page 60 of 80
shall be disturbed to provide for the desired utility
installation.
3. All construction,
installation and maintenance of such utilities and
facilities shall be in compliance with any applicable
federal, state and local requirements and permits and
designed and conducted in a manner that protects water
quality.
4. Any land disturbance
exceeding an area of 2,500 square feet shall comply
with all erosion and sediment control requirements of
chapter 8 and this division.
c. Silvicultural activities on
lands in any agricultural district, provided that such
activities adhere to water quality protection
procedures prescribed by the department of forestry in
its publication known as the Virginia Forestry Best
Management Practices Technical Manual for Water
Quality, as amended.
d. Construction of the following:
1. Water wells;
2. Boardwalks, trails,
pathways; and
3. Historic preservation and
archaeological activities; provided that the director
of environmental engineering finds that:
• Any required permits,
except those to which this exemption specifically
applies, shall have been issued;
• Sufficient and
reasonable proof is submitted that the intended use
shall not deteriorate water quality;
• The intended use does
not conflict with nearby planned or approved uses;
and
• Any land disturbance
exceeding an area of 2,500 square feet shall comply
with all erosion and sediment control requirements of
chapter 8 of this division.
e. Approved proper woodlot
management practices.
F. Reasonable consideration shall be given to
protect life and property in mapped dam break
inundation zones against impounding structure failure,
in accordance with state law.
Sec. 19.1-504. Variances.
8/28/2024 Page 61 of 80
A. The burden of proof rests upon the applicant for
a variance to the requirements of this division, and,
without such proof, the request must be denied. The
applicant must show, in addition to the requirements
contained in Sec. 19.1-505, good and sufficient cause
that failure to grant the variance would result in an
exceptional hardship; that granting the variance will
not result in increased flood heights, additional
threats to public safety or extraordinary public
expense, create nuisances, cause fraud on or
victimization of the public or conflict with existing
local laws or ordinances; and that the variance is the
minimum necessary, considering the flood hazard or
risk of dam break inundation, to afford relief. No
variance shall be granted within any designated
regulatory floodway if any increase in flood levels
during the base flood discharge would result.
B. While the granting of variances generally is
limited to a lot size less than one-half acre,
deviations from that limitation may occur. Variances
may be issued by the director of environmental
engineering for new construction and substantial
improvements to be erected on a lot of one-half acre
or less in size contiguous to and surrounded by lots
with existing structures constructed below the base
flood level, in conformance with the provisions of
this section.
C. Variances may be issued for new construction and
substantial improvements and for other development
necessary for the conduct of a functionally dependent
use provided that the criteria of this section are
met, and the structure or other development is
protected by methods that minimize flood damages
during the base flood, and create no additional
threats to public safety.
D. The decision of the director of environmental
engineering regarding an application for a variance
may be appealed to the Board of Zoning Appeals
pursuant to Sec. 19.1-5 of this chapter.
Sec. 19.1-505. Factors to be Considered in Granting Variances.
A. In considering applications for development in
the floodway, floodway fringe
districts, and 100 year floodplains designated as
riparian corridor management areas, including
consideration of variances from the requirements of
this division, the director of environmental
engineering shall consider the following factors in
addition to the requirements set forth in Sec.19.1-
504:
1. The danger to life and property due to
increased flood heights or velocities caused by
encroachments. No variance shall be granted for any
proposed use that will cause any increase in flood
levels during the base flood.
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2. The danger of materials being swept onto
other lands or downstream and causing injury.
3. The proposed water supply and sanitation
systems, and the ability of these systems to prevent
disease, contamination and unsanitary conditions.
4. The susceptibility of the proposed facility
and its contents to flood damage and the effect of
such damage on the individual owners.
5. The importance of the services provided by
the proposed facility to the community.
6. The requirements of the facility for a
waterfront location.
7. The availability of alternate locations not
subject to flooding for the proposed use.
8. The compatibility of the proposed use with
existing and anticipated future development.
9. The relationship of the proposed use to the
comprehensive plan and floodplain management program
for the area.
10. The safety of access to the property in
time of flood by ordinary and emergency vehicles.
11. The expected heights, velocity, duration,
rate of rise and sediment transport of the floodwaters
expected at the site.
12. The loss of beneficial natural stormwater
management characteristics.
13. The historic nature of a structure.
Variances to allow for repair or rehabilitation of
historic structures may be granted upon a
determination that the proposed repair or
rehabilitation will not preclude the structure's
continued designation as a historic structure, and the
variance is the minimum necessary to preserve the
historic character and design of the structure.
14. Such other factors that are relevant to the
purposes of this division.
B. The director of environmental engineering may
refer an application and accompanying documentation
for a variance to an engineer or other qualified
person or agency for technical assistance in
evaluating the proposed project in relation to flood
heights, velocities, the adequacy of the plans for
protection or any other related matters.
C. The director of environmental engineering may
forward requests for variances to FEMA for comment.
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D. The director of environmental engineering shall
notify the applicant for a variance, in writing, that
the approval of such for construction of a structure
below the base flood elevation could increase risk to
life and property, and could result in increased
premium rates for flood insurance.
E. A record of the above notification, as well
as all variances, including justification for their
issuance, shall be maintained by the director of
environmental engineering. Approvals of variances to
FEMA regulations shall be noted in the annual report
submitted to FEMA.
Sec. 19.1-506. Existing Structures in Floodplain Districts.
A structure or use of a structure on premises which
lawfully existed before February 23, 1983, but which
is not in conformity with this division may be
continued subject to the following conditions:
1. Residential structures.
a. The modification, alteration,
repair, reconstruction or improvement of any kind to a
structure and/or use requiring a building permit
located in any Special Flood Hazard Area district, to
an extent or amount of less than 50 percent of its
value, in accordance with the county assessor's
records if available, shall be elevated to the
greatest extent possible and conform to the Virginia
Uniform Statewide Building Code.
b. A residential structure that
receives substantial improvement shall be elevated to
at least one foot above the base flood elevation.
2. Nonresidential structures.
a. The modification, alteration,
repair, reconstruction or improvement of any kind to a
nonresidential structure and/or use located in any
Special Flood Hazard Area district, to an extent or
amount of less than 50 percent of its value, in
accordance with the county assessor's records if
available, shall be elevated and/or floodproofed to
the greatest extent possible.
b. A nonresidential structure that
receives substantial improvement shall be elevated to
at least one foot above the base flood elevation
and/or floodproofed to at least one foot above the
base flood elevation.
3. Residential and nonresidential structures.
The modification, alteration, repair, reconstruction,
or improvement of any kind to a structure and/or use
located in any Special Flood Hazard Area district, to
an extent or amount of 50 percent or more of its
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value, in accordance with the county assessor’s
records if available, shall be undertaken only in full
compliance with the floodplain management ordinance
and shall require the entire structure to conform to
the requirements of the building code.
4. Existing structures in the floodway district
shall not be expanded or enlarged unless it has been
demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering
practices that the proposed expansion would not result
in any increase in the base flood elevation.
5. A replacement manufactured home may be
placed on a lot in an existing manufactured home park
or subdivision provided the anchoring, elevation and
encroachment standards are met.
Sec. 19.1-507. Additional Provisions Relative to Flood Hazard Mitigation.
Within the special flood hazard areas, the following
additional provisions shall be met:
1. All electric water heaters, electric
furnaces and other critical electrical installations
shall be permitted only at elevations at least one
foot above the base flood elevation.
2. Water supply systems, sanitary waste
water systems and gas and oil supply systems shall be
designed to preclude infiltration of floodwaters into
the systems and discharges from the systems into
floodwaters. Design and construction shall be in
accordance with requirements of the Virginia Uniform
Statewide Building Code.
3. Adequate drainage shall be provided to
minimize exposure to flood heights.
4. The preliminary plat or the construction
plan if a preliminary plat was not submitted shall
include a map showing the location of the proposed
subdivision and/or land development with respect to
any designated floodplain district, including
information on, but not limited to, the base flood
elevations, boundaries of the floodplain districts,
proposed lots and sites and fills and areas subject to
special deed restrictions.
5. A building permit application shall
include the location of the base flood, if previously
determined.
Sec. 19.1-508. Additional Provisions Relating to Floodplain Management Ordinance.
A. The degree of flood protection sought by the
provisions of this division is considered reasonable
for regulatory purposes and is based upon acceptable
engineering methods of study, but does not imply total
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flood protection. Larger floods may occur on rare
occasions. Flood heights may be increased by manmade
or natural causes, such as ice jams and bridge
openings restricted by debris. This division does not
imply that areas outside the floodplain districts or
land uses permitted within such districts will be free
from flooding or flood damages.
B. This division shall not create liability on the
part of the county, or any officer or employee
thereof, for any flood damages that result from
reliance on this division, or any administrative
decision lawfully made thereunder.
C. The requirements of this division shall be
enforced pursuant to Sec. 19.1-6 of this chapter,
except for any violations of the Virginia Uniform
Statewide Building Code which shall be enforced
pursuant to section 5-10 of chapter 5 of this Code.
The imposition of a fine or penalty for any violation
or non-compliance shall not excuse the violation or
non-compliance or permit it to continue and all
responsible persons shall be required to correct or
remedy such violations or non-compliance within a
reasonable time. Any structure constructed,
reconstructed, enlarged, altered or relocated in non-
compliance with this division may be declared by the
county to be a public nuisance and abatable as such.
Furthermore, flood insurance may be withheld from
structures constructed in violation of this division.
D. The provisions of this division are severable in
accordance with section 1-3 of chapter 1 of this Code.
Section 19.1-509. through 19.1-519. Reserved.
OOO
ARTICLE VI. DEFINITIONS Sec. 19.1-570. – Definitions.
For the purposes of this chapter, the following words
and phrases shall have the following meanings:
OOO
Appurtenant or accessory structures: For floodplain
management purposes (Article V, Division 1 of this
Chapter), a non-residential structure which is on the
same parcel of property as the principal structure and
the use of which is incidental to the use of the
principal structure. Accessory structures are not to
exceed 600 square feet.
OOO
Backwater: Base flood elevation of water resulting
from a flow-retarding influence from a dam or other
construction, such as a road, embankment, bridge or
culvert.
8/28/2024 Page 66 of 80
OOO
Basement: Portion of a building where the majority of
the wall area between the floor and the ceiling is
below ground. For floodplain management purposes
(Article V, Division 1 of this Chapter), any area of
the building having its floor sub-grade (below ground
level) on all sides.
OOO
Building, elevated: For purposes of the floodplain
management ordinance, a non-basement building built to
have the lowest floor elevated above the ground level
by means of solid foundation perimeter walls, pilings,
or columns (posts and piers).
OOO
Development: Tract of land developed, or proposed to
be developed, as a unit under single ownership or
unified control which is to be used for any business
or industrial purpose or is to contain more than one
residential dwelling unit.
For purposes of the floodplain management ordinance,
the term development means any manmade change to
improved or unimproved real estate, including, but not
limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or
drilling operations or storage of equipment or
materials.
OOO
Dwelling or dwelling unit: Building or portion thereof
which provides complete independent permanent
facilities for living, sleeping, eating and sanitation
and is designed for or used exclusively as living
quarters by 1 family, but not including a tent, cabin,
travel trailer or room in a hotel or motel. A
manufactured home or temporary family health care unit
shall not be considered a dwelling or dwelling unit.
OOO
Elevation, base flood: The Federal Emergency
Management Agency designated 1 percent annual chance
water surface elevation. The water surface elevation
of the base flood in relation to the datum specified
on the county’s flood insurance rate map. The 100 year
flood or 1 percent annual chance flood.
Elevation certificate: For purposes of the floodplain
management ordinance, a document prepared in
accordance with FEMA regulations which is used to
provide the elevation information necessary to: ensure
compliance with the county’s floodplain management
ordinance, determine the proper flood insurance
premium rate, and support a request for a letter of
8/28/2024 Page 67 of 80
map amendment and certain letters of map revision.
Encroachment: For purposes of the floodplain
management ordinance, the advance or infringement of
uses, fill, excavation, buildings, permanent
structures or development into a floodplain which may
impede or alter the flow capacity of a floodplain.
OOO
Existing Structure: For the purposes of the insurance
program, for floodplain management purposes (Article
V, Division 1 of this Chapter), structures for which
the “start of construction” commenced before the
effective date of the FIRM or before January 1, 1975
for FIRMs effective before that date. “Existing
construction” may also be referred to as “existing
structures” and “pre-FIRM.”
OOO
Federal insurance administrator: Person who
administers the National Flood Insurance Program of
the Federal Emergency Management Agency.
OOO
Flood or flooding: A general or temporary condition of
partial or complete inundation of normally dry land
areas from: (a) the overflow of inland or tidal waters
or (b) the unusual and rapid accumulation or runoff of
surface waters from any source or (c) mudflows which
are proximately caused by flooding as defined by
clause (b) of this definition and are akin to a river
of liquid and flowing mud on the surfaces of normally
dry land areas, as when earth is carried by a current
of water and deposited along the path of the current.
The terms flood or flooding also include the collapse
or subsidence of land along the shore of a lake or
other body of water as a result of erosion, or
undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly
caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an
unanticipated force of nature such as flash flood or
an abnormal tidal surge, or by some similarly unusual
and unforeseeable event which results in flooding from
the overflow of inland or tidal waters.
Flood, base: A flood having a 1 percent chance of
being equaled or exceeded in any given year. Also
known as a 100 year flood.
Flood insurance rate map (FIRM): Official map of the
county on which the federal insurance administrator
has delineated the special hazard areas applicable to
the county. A FIRM that has been made available
digitally is called a digital flood insurance rate map
(DFIRM).
Flood insurance study (FIS): Examination, evaluation
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and determination of flood hazards and, if
appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of
mudflow and/or flood-related erosion hazards.
Flood, 100-year: See base flood.
Floodplain or flood-prone area: Land area susceptible
to being inundated by water from any source.
Floodplain management: Operation of an overall program
of corrective and preventive measures for reducing
flood damage, including, but not limited to, emergency
preparedness plans, flood control works, and
floodplain management regulations.
Floodproofing: Any combination of structural and
nonstructural additions, changes or adjustments to
structures which reduce or eliminate flood damage to
real estate or improved real property, water and
sanitary facilities, structures, and their contents.
Floodway: Channel of a river or other watercourse and
the adjacent land areas that must be reserved in order
to discharge the base flood without cumulatively
increasing the water surface elevation more than 1
foot at any point. Some of these areas are shown on
the county's flood insurance rate map.
Floodway fringe: The area of the floodplain that can
be completely obstructed without increasing the water
surface elevation of the base flood by more than 1
foot at any point. Some of these areas are shown on
the county's flood insurance rate map.
OOO
Floor, lowest: For purposes of the floodplain
ordinance, the lowest floor of the lowest enclosed
area (including basement). An unfinished or flood-
resistant enclosure, usable solely for parking of
vehicles, building access, or storage in an area other
than a basement area, is not considered a building’s
lowest floor, provided, that such enclosure is not
built so as to render the structure in violation of
the applicable non-elevation design requirements of
Code of Federal Regulations, 44 CFR § 60.3.
OOO
Historic Structures: For floodplain management
purposes (Article V, Division 1 of this Chapter), any
structure that is:
1. Listed individually in the National
Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting
the requirements for individual listing on the
National Register;
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2. Certified or preliminarily determined by
the Secretary of the Interior as contributing to the
historical significance of a registered historic
district or a district preliminarily determined by the
Secretary to qualify as a registered historic
district;
3. Individually listed on a state inventory
of historic places in states with historic
preservation programs which have been approved by the
Secretary of the Interior; or,
4. Individually listed on a local inventory
of historic places in communities with historic
preservation programs that have been certified either:
a. By an approved state program as
determined by the Secretary of the Interior; or,
b. Directly by the Secretary of the Interior
in states without approved programs.
OOO
Hydrologic and hydraulic engineering analysis:
Analysis performed by a licensed professional
engineer, in accordance with standard engineering
practices that are accepted by the Virginia Department
of Conservation and Recreation and FEMA, used to
determine the base flood, other frequency floods,
flood elevations, floodway information and boundaries,
and flood profiles.
OOO
Letter of map amendment (LOMA): An amendment based on
technical data showing that certain property was
incorrectly included in a designated special flood
hazard area. A LOMA amends the current effective flood
insurance rate map and establishes that the property
or structure is not located in a special flood hazard
area.
Letter of map change (LOMC): An official FEMA
determination, by letter, which amends or revises an
effective flood insurance rate map or flood insurance
study. Letters of map change include a letter of map
amendment, letter of map revision, and conditional
letter of map revision.
Letter of map revision (LOMR): Revision based on
technical data that may show changes to flood zones,
flood elevations, floodplain and floodway
delineations, and planimetric features.
Letter of map revision based on fill (LOMR-F):
Determination that a structure or parcel of land has
been elevated by fill above the base flood elevation
and is, therefore, no longer exposed to flooding
associated with the base flood. In order to qualify
for this determination, the fill must have been
8/28/2024 Page 70 of 80
permitted and placed in accordance with the county’s
floodplain management regulations.
Letter of map revision, conditional or conditional letter of map revision (CLOMR): Formal review and
comment as to whether a proposed flood protection
project or other project complies with the minimum
NFIP requirements for such projects with respect to
delineation of special flood hazard areas. A CLOMR
does not revise the effective flood insurance rate map
or flood insurance study.
OOO
Manufactured home: A structure subject to federal
regulation which is transportable in one or more
sections and conforms to the following:
• 8 feet or more in width and 40 feet or more in
length, or is 320 or more square feet when erected on
site;
• built on a permanent chassis;
• designed to be used as a single-family dwelling,
with or without a permanent foundation, when connected
to required utilities; and
• includes plumbing, heating, air conditioning and
electrical systems.
The term manufactured home shall include mobile home.
For floodplain management purposes (Article V,
Division 1 of this Chapter), a structure,
transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or
without a permanent foundation when connected to the
required utilities. For floodplain management purposes
the term “manufactured home” also includes park
trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive
days.
Manufactured home park: Development where 2 or more
manufactured homes are located and where spaces or
lots are not for sale. The term manufactured home park
shall include mobile home park.
Manufactured home subdivision: Subdivision designed
solely for two or more manufactured homes and where
individual manufacture homes are located on individual
lots of record
OOO
New Construction: For floodplain management purposes
(Article V, Division 1 of this Chapter), structures
for which the start of construction commenced on or
after the effective start date of this floodplain
management ordinance and includes any subsequent
improvements to such structures. Any construction
started after effective date of the county’s first
floodplain management ordinance adopted by the county
8/28/2024 Page 71 of 80
and before the effective start date of this floodplain
management ordinance is subject to the ordinance in
effect at the time the permit was issued, provided the
start of construction was within 180 days of permit
issuance.
OOO
Post-FIRM structures: For floodplain management
purposes (Article V, Division 1 of this Chapter), a
structure for other development for which the “start
of construction” occurred on or after the effective
date of the initial Flood Insurance Rate Map.
Pre-FIRM structures: For floodplain management
purposes (Article V, Division 1 of this Chapter), a
structure or other development for which the “start of
construction” occurred before the effective date of
the initial Flood Insurance Rate Map.
OOO
Recreational vehicle: A vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the
largest horizontal projection;
3. Designed to be self-propelled or permanently
towable by a light duty truck; and,
4. Designed primarily not for use as a permanent
dwelling but as temporary living quarters for
recreational camping, travel, or seasonal use.
OOO
Repetitive Loss Structure: For floodplain
management purposes (Article V, Division 1 of this
Chapter), a building covered by a contract for flood
insurance that has incurred flood-related damages on
two occasions in a 10-year period, in which the cost
of the repair, on the average, equalled or exceeded 25
percent of the market value of the structure at the
time of each such flood event; and at the time of the
second incidence of flood-related damage, the contract
for flood insurance contains increased cost of
compliance coverage.
OOO
Severe repetitive Loss structure: For floodplain
management purposes (Article V, Division 1 of this
Chapter), a structure that: (a) Is covered under a
contract for flood insurance made available under the
NFIP; and (b) Has incurred flood related damage - (i)
For which 4 or more separate claims payments have been
made under flood insurance coverage with the amount of
each such claim exceeding $5,000, and with the
cumulative amount of such claims payments exceeding
$20,000; or (ii) For which at least 2 separate claims
payments have been made under such coverage, with the
cumulative amount of such claims exceeding the market
value of the insured structure.
8/28/2024 Page 72 of 80
OOO
Special flood hazard area (SFHA): Land in the
floodplain subject to a 1 percent or greater chance of
being flooded in any given year.
OOO
Start of construction: For purposes of the floodplain
management ordinance, and for other than new
construction and substantial improvement under the
Coastal Barriers Resource Act (P.L. – 97-348), start
of construction means the date the building permit was
issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition,
placement, substantial improvement or other
improvement occurs within 180 days of the permit date.
The actual start means either the first placement of
permanent construction of a structure on a site, such
as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent
construction does not include land preparation, such
as clearing, grading and filling; nor does it include
the installation of roads and/or walkways; nor does it
include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor
does it include the installation on the property of
accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual
start of the construction means the first alteration
of any wall, ceiling, floor, or other structural part
of a building, whether or not that alteration affects
the external dimensions of the building.
OOO
Structure: Anything constructed or erected which has a
permanent location on the ground or which is attached
to something having a permanent location on the
ground. For purposes of the floodplain management
ordinance, a walled and roofed building, including a
gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
OOO
Substantial damage: For the purposes of the floodplain
management regulations, damage of any origin sustained
by a structure whereby the cost of restoring the
structure to its before-damaged condition would equal,
or exceed, 50 percent of the market value of the
structure before the damage occurred.
Substantial improvement: For the purposes of the
floodplain management and Chesapeake Bay regulations,
any reconstruction, rehabilitation, addition or other
improvement to a structure, the cost of which equals
8/28/2024 Page 73 of 80
or exceeds 50 percent of the market value of the
structure before the start of construction of the
improvement. This term includes structures which have
incurred substantial damage, regardless of the actual
repair work performed. The term does not, however,
include either:
• Any project, or improvement of a
structure, to correct existing violations of state or
local health, sanitary or safety code specifications
which have been identified by the local code
enforcement official, and which are the minimum
necessary to assure safe living conditions; or
• Any alteration of a historic structure
that will not preclude the structure's continued
designation as a historic structure.
OOO
Variance: An exception granted by the board of zoning
appeals to allow a reasonable deviation from those
provisions of this chapter regulating the shape, size
or area of a lot, or the size, height, area, bulk or
location of a building or structure, when the strict
application of the ordinance would unreasonably
restrict the use of the property, the need for the
variance is not shared generally by other properties,
and the variance is not contrary to the purpose of
this chapter. For purposes of the floodplain
management regulations, variance means a grant of
relief by Chesterfield County from the terms of a
floodplain management regulation.
OOO
Violation: For purposes of the floodplain management
ordinance, the failure of a structure or other
development to be fully compliant with the county’s
floodplain management regulations. A structure or
other development without the elevation certificate,
other certifications, or other evidence of compliance
required in the floodplain management ordinance is
presumed to be in violation until such time as the
necessary documentation is provided.
OOO
Watercourse: Lake, river, creek, stream, wash, channel
or other topographic feature on or over which waters
flow at least periodically. Watercourse includes
specifically designated areas in which substantial
flood damage may occur.
(2) That this ordinance shall become effective
immediately after adoption.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
E. To Appropriate and Transfer Funds and Grant
Authorization to Proceed for Transportation Projects
8/28/2024 Page 74 of 80
Ms. Chessa Walker introduced the public hearing to
appropriate and transfer funds and grant authorization to
proceed with transportation projects.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Carroll, seconded by Dr. Miller, the Board
appropriated federal, state, and regional funds to advance
new and existing projects, transferred local funding, and
authorized staff to proceed with new projects as outlined
below:
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
F. To Consider the Conveyance of County Property at 8761
Sheldeb Drive
Mr. Nick Feucht, Real Estate Development and Housing
Coordinator for the Community Enhancement department,
introduced the public hearing to consider the
conveyance of county property at 8761 Sheldeb Drive.
Mr. Holland called for public comment.
Ms. Renae Eldred expressed concerns relative to the
amount of money the county paid to the property owners
of the blighted property.
Mr. Matt Waring with Richmond Metropolitan Habitat for
8/28/2024 Page 75 of 80
Humanity thanked the Board for considering the
conveyance of the property and expressed appreciation
for a successful partnership.
There being no one else to speak to the issue, the
public hearing was closed.
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board approved the conveyance of county property at
8761 Sheldeb Drive (PIN: 758709562900000) to Richmond
Metropolitan Habitat for Humanity, Incorporated, and
authorized the County Administrator to execute the
contract and deed.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
G. To Consider the Quitclaim of an Unimproved 60' Right
of Way
Ms. Lynn Snow, Real Property Manager, introduced the
public hearing to consider the quitclaim of an
unimproved 60' right of way running through the
property of Grafton School at 4100 Price Club
Boulevard.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public
hearing was closed.
On motion of Ms. Schneider, seconded by Mr. Ingle, the
Board authorized the Chairman of the Board of
Supervisors and the County Administrator to execute a
quitclaim deed to quitclaim an unimproved 60' right of
way on the property of Grafton School at 4100 Price
Club Boulevard.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
H. To Consider a Lease of County Property at 4000 Cougar
Trail
Ms. Snow introduced the public hearing to consider a
lease of county property at 4000 Cougar Trail.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public
hearing was closed.
On motion of Dr. Miller, seconded by Ms. Schneider,
the Board approved a lease of space on the county's
cellular tower at 4000 Cougar Trail with T-Mobile.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
19. Fifteen-Minute Citizen Comment Period on Unscheduled Matters
8/28/2024 Page 76 of 80
Ms. Roxana Paduretu addressed the Board relative to
concerns about the county's massage ordinance.
20. Adjournment
A. Adjournment and Notice of Next Scheduled Meeting of
the Board of Supervisors
On motion of Ms. Schneider, seconded by Mr. Ingle, the
Board adjourned to the regularly scheduled Board of
Supervisors meeting on September 25 at 2 p.m. in Room
502.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
__________________________ ___________________________
Joseph P. Casey James M. Holland
County Administrator Chairman
8/28/2024 Page 77 of 80
Citizen Comments Received Through the Comment Portal August 28, 2024 Board of Supervisors Meeting
Comment Type Comment Name District
Unscheduled
matter
As a local that lives
upstream from this plant and
spends much time in the James
around this area, I am asking
you to vote "No" on the DEQ
Air Permit for the
Chesterfield Energy
Reliability Center. We need
to move away from polluting
and unreliable fossil fuels.
This project will cost us our
health and increase our
energy bills. Thank you.
Harold
Herskowitz
Bermuda
Unscheduled
matter
As a Chesterfield County
Resident and a former
paraeducator, I am very
concerned that the proposed
Chesterfield Energy
Reliability Center will
increase air pollution and
health risks for the
children, students, and
communities who live and
learn in the vicinity
surrounding the proposed
site, as well as contribute
more damaging pollution to
the nearby James River. In
addition, I am not sure the
true costs and benefits of
the proposed plant have been
adequately explained to the
people of Virginia. We all
participate in energy
consumption--but rushing to
add a new gas-fueled plant
seems primarily designed to
accommodate the dramatic
increases in power needed to
support planned data centers,
once again insulating a few
companies from the true costs
of their activities while
offloading those costs onto
vulnerable communities and
Virginia taxpayers. There are
better and cleaner ways to
"grow" and balance the
genuine needs of the
businesses and people of the
Commonwealth.
Please deem the proposed site
for this new plant as "not
suitable" on the Air Permit
form. Thank you for your
attention.
Sharon
Lamberton
Midlothian
8/28/2024 Page 78 of 80
Comment Type Comment Name District
Sincerely,
Sharon Lamberton
Unscheduled
matter
Hello, I would like to bring
attention to the traffic
issues on Curtis street. I
have lived at my house, which
has a Curtis st. Address, for
8 years now, and I would
estimate that we have an
accident within sight of my
house once every three
months. In addition I witness
frequent excessive speeding
in front of my house, and I
believe the biggest issue is
that the majority of the
traffic that passes by my
house is cut through traffic,
not destined for the
neighborhoods directly
adjacent to the north and
south of curtis street, but
traveling to neighborhoods
much further down Harrowgate
road. This cut through
traffic has alternate routes,
namely route 10, to arrive at
their destination without
cutting through
neighborhoods. My hope is
that strategies can be
implemented to reduce the cut
through traffic on Curtis
street, and as a result
increase the safety on the
street. I know VDOT has a
Residential Cut-Through
Traffic program that may be
of assistance in determining
the next steps.
Jamison
Smith
Dale
Unscheduled
matter
Friends of Chesterfield
(Abbreviated Letter-full
letter sent to Supervisors
individual emails)
The Honorable James Holland,
Board Chair
The Honorable Mark Miller,
Vice Chair
The Honorable Kevin Carroll,
Supervisor
The Honorable Jessica
Schneider, Supervisor
The Honorable Jim Ingle,
Supervisor
Glen Besa Dale
8/28/2024 Page 79 of 80
Comment Type Comment Name District
Dear Chairman Holland and
Members of the Board,
On behalf of the Friends of
Chesterfield, community
members and allied
organizations, we
respectfully request that you
hold a public hearing on the
suitability of Dominion
Energy Virginia’s proposed
Chesterfield Energy
Reliability Center (CERC). As
confirmed in their recent
correspondence to the
Virginia Department of
Environmental Quality (DEQ),
Dominion intends to site
their proposed plant at the
existing Chesterfield Power
Station site on Coxendale
Road.
You have the authority to
ensure Chesterfield
constituents are represented
in this process. The Board of
Supervisors, as the governing
body of Chesterfield County,
has the responsibility to
determine the site
suitability of the project’s
proposed location.
Given the serious impacts
this facility will have on
the surrounding community,
Chesterfield County residents
deserve a formal hearing and
an on-the-record vote from
the Board on the Suitability
and Value form associated
with the CERC facility. We
reiterate our request for
this public hearing and vote,
and respectfully ask that you
publicly indicate your
intention on this matter by
the adjournment of your
September 25th Board Meeting.
If by this date the Board has
not declared its intention to
hold a public hearing,
Friends of Chesterfield will
host its own People’s Hearing
on Tuesday, October 29th.
This hearing will be recorded
and transcribed and provided
8/28/2024 Page 80 of 80
Comment Type Comment Name District
as testimony to the county,
Virginia DEQ and the Virginia
State Corporation Commission.
Once again, we strongly
prefer that the Board fulfill
its responsibility by holding
this crucial hearing and
conducting a formal vote on
the suitability of the
Dominion CERC project.
Chesterfield County residents
deserve the right to have
their voices heard regarding
the proposed Dominion Energy
Virginia facility. The Board
has the right and
responsibility to solicit,
interpret and honor the
perspectives of your
constituents.
On behalf of your
constituents we request that
you take the opportunity to
determine the site
suitability of the plant’s
proposed location and hold a
public hearing and on-the-
record vote.
Glen Besa, Friends of
Chesterfield