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2024-09-25 MinutesBOARD OF SUPERVISORS MINUTES SEPTEMBER 25, 2024 09/25/2024 Page 1 of 63 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 Mr. Ingle, seconded by Ms. Schneider, the Board approved the minutes of the August 28, 2024, Board of Supervisors meeting, 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 - Constituent and Media Services Mr. Dave Goode, Director of Constituent and Media Services, introduced Ms. Crystal Dabney, Assistant Constituent and FOIA Liaison, who was present to be recognized for providing exceptional customer service. He shared details of a complimentary voicemail message Ms. Dabney received from a citizen who requested assistance with litter pickup. He stated this was one of many examples of Ms. Dabney's consistent practice of providing outstanding customer service to the county's residents. Ms. Dabney expressed appreciation for the recognition and shared her commitment to being respectful to and understanding the needs of county residents who contact her, thereby ensuring a positive interaction. Board members expressed appreciation for Ms. Dabney's professionalism and dedication to exemplary customer service. 4. Work Sessions A. Transportation Update Ms. Chessa Walker, Director of Transportation, provided the Board with a Transportation Update. She 09/25/2024 Page 2 of 63 stated updates from the Central Virginia Transportation Authority (CVTA), Virginia Department of Transportation (VDOT), and Greater Richmond Transit Company (GRTC) would be forthcoming at a Board of Supervisors meeting in the near future. She discussed the process to develop infrastructure, which includes identifying a transportation need, prioritizing improvement projects, defining the project scope, securing funding, performing preliminary engineering, performing right-of-way tasks, and construction, all resulting in a completed project. She provided details of the various funding sources utilized based on project type. She also provided an update on Smart Scale and transportation projects. She reviewed agenda items on the Board's Consent Agenda for the evening. She provided an update on tolls on Powhite Parkway. She discussed completed projects, including the Route 10 Superstreet, Route 10 (Whitepine to Frith) Widening, Elkhardt Road and Bike/Ped Improvements, Hopkins/Chippenham Park and Ride and Sidewalk, and additional Hopkins Road area improvements. She provided details of the Community Connectivity Sidewalk Fund (CCSF) and related projects such as Deer Run Road and Evergreen Parkway Sidewalks and Bon Air Bike/Ped Improvements. She reviewed roundabout projects which are either part of other larger projects or standalone projects. She discussed initiatives at Ettrick Train Station. Discussion and questions ensued relative to the information provided during the presentation. B. Historical Recognition Plaques - Board of Supervisors Update Ms. Mary Romanello, Stegmaier Fellow, provided the Board with an update on a project to install plaques recognizing past and present members of the Board of Supervisors and County Administrators in the Public Meeting Room. She also gave a preview of the Board of Supervisors web page containing images of and information about Board members. Discussion and questions ensued relative to the information provided during the presentation. C. Mental Health Support Services Update Mr. Gib Sloan, Chair of the Community Services Board (CSB), and Ms. Kelly Fried, Executive Director of the CSB, provided the Board with an annual update. Mr. Sloan asked CSB members in attendance to stand and be recognized. He expressed appreciation to the Board for its continued support. He shared an email written by Ms. Fried summarizing the recent Commission on Accreditation of Rehabilitation Facilities (CARF) re- accreditation. Ms. Fried asked members of her senior team in attendance to stand and be recognized. She reviewed Mental Health Support Services' (MHSS) mission and provided statistics of individuals served in FY2024. She provided details of FY2025 budgeted revenue. She discussed FY2024 key highlights, including 09/25/2024 Page 3 of 63 implementation of Netsmart's NX Electronic Health Record, National Association of Counties (NACo) awards for suicide awareness and secondary traumatic stress, peer services, problem gambling, housing partnerships, and permanent supportive housing outcomes. She shared a permanent supportive housing success story. She announced September is Recovery Month and discussed substance use trends. She provided the Board with an update on Chesterfield Recovery Academy. She stated September is also Suicide Awareness Month and shared statistics of 5-Year Summary of Attempted and Completed Suicide Numbers. She provided details of Youth Mental Health initiatives and 988/Marcus Alert Outcomes. She recognized many partners and thanked them for their support. Discussion and questions ensued relative to the information provided during the presentation. D. 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. Herbert Loveless addressed the Board relative to projected costs of Dominion's natural gas plant and geothermal energy. Mr. David Stritzinger expressed concerns relative to interactions he had last month after he spoke at the citizen comment period. 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 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 09/25/2024 Page 4 of 63 Affect the Bargaining Position or Negotiating Strategy of the Public Body, 4) Pursuant to § 2.2-3711(A)(1), Code of Virginia, 1950, as Amended, Relating to the Performance of the County Administrator and County Attorney, and 5) Pursuant to § 2.2-3711 (A)(1), Code of Virginia, 1950, as Amended, for Discussion and Consideration of Prospective Candidates for Employment for the Position of Chief of Police On motion of 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)(1), Code of Virginia, 1950, as Amended, Relating to the Performance of the County Administrator and County Attorney, and 5) Pursuant to § 2.2-3711 (A)(1), Code of Virginia, 1950, as Amended, for Discussion and Consideration of Prospective Candidates for Employment for the Position of Chief of Police. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. Reconvening: On motion of Ms. Schneider, seconded by Mr. Holland, 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 09/25/2024 Page 5 of 63 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 with the Community Services Board On motion of Mr. Carroll, seconded by Dr. Miller, the Board recessed for dinner with the Community Services Board in Room 502. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 9. Invocation by the Honorable Jessica L. Schneider, Clover Hill District Supervisor The Honorable Jessica L. Schneider, Clover Hill 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 The County Administration Update consisted of the following: • An update provided by Chelsea Buyalos, Executive Director of the Perkinson Center for the Arts and Education; • Recognition of Dalila Medrano, Multi-cultural Engagement Coordinator, for being recognized at Festival Salvadoreño held by Coco-Sal RVA for her valuable contributions to the Salvadoran community; • Recognition of Stephanie Brown, Director of Procurement, for being one of three finalists for the National Institute of Governmental Purchasing's 2024 Procurement Manager of the Year Award; • An update provided by Dr. Casey on the Police Chief Recommendation Committee; and • An update provided by Rachel Ramirez, Executive Director of the Lifelong Learning Institute. 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 09/25/2024 Page 6 of 63 A. Recognition of Chesterfield County Centenarians in Honor of National Centenarian Day The Board recognized the following Centenarians who will be 100 years of age or older in 2024: • Robert Brown, Bermuda • Alfred “Happy” Hunter, Bermuda • Gladys Kelly, Bermuda • Eva Mowen, Bermuda* • Norma Schott, Bermuda • Arlene Stanton, Bermuda* • Phillip White, Bermuda • Anita DiGiacomo, Clover Hill* • William May, Clover Hill* • Frances Rogers, Clover Hill* • Lee Beale, Dale* • Margaret Brennan, Dale • Anna Marie Browder Snelling, Dale • Julia Mayfield, Matoaca • Maria Thomas, Matoaca* • Mary Elizabeth Dunn Gaskill, Midlothian • Sarah Harrison, Midlothian* • Mary Hollyday, Midlothian* *These Centenarians were present to receive the recognition. B. Recognition of Plant the Moon Challenge Winners Ms. Dot Heffron, Chair of the School Board, introduced Ms. Belinda Henriques and several of her students, who are part of Meadowbrook High School's Team YAPPERS. Also present were Dale District School Board Representative Dominique Chatters, Interim Superintendent Dr. John Murray, and Principal Dr. Craig Reed. Ms. Heffron provided details of the team's participation in the Plant the Moon Challenge, which is a global science experiment to investigate how vegetables might grow on the moon or on Mars. She stated in the spring of 2024, Meadowbrook High School achieved the best crop growth of any high school team in the world. She further stated NASA will use data from the challenge when Americans return to the moon. Board members congratulated Ms. Henriques, Team YAPPERS, and Meadowbrook High School for excellence in teaching and learning through the Plant the Moon Challenge. C. Recognition of 2024 Virginia Association of Counties Achievement Award Winners Mr. Dean Lynch, Executive Director of the Virginia Association of Counties (VACo), presented five achievement awards earned by the county. • On behalf of Community Engagement and Resources, Ms. Dalila Medrano and Ms. Jackie Carter accepted the award for "Enhancing Access to Citizens". 09/25/2024 Page 7 of 63 • On behalf of the Sheriff's Office, Ms. Kerri Rhodes accepted the award for "I Never Thought It Would Be Me". • On behalf of Mental Health Support Services, Ms. Kelly Fried accepted the award for "Secondary Traumatic Stress Breakthrough Series". • On behalf of Schools, Dr. Belinda Merriman accepted the award for "Student Equity with College Access Tools". • On behalf of General Services, Mr. John Neal and Mr. Jason Stone accepted the award for "Workplace Violence Prevention and Intervention Program". Board members congratulated the award recipients and thanked them for being the personification of excellence. 14. New Business A. Appointments 1. GRTC Transit System Board of Directors On motion of Dr. Miller, seconded by Mr. Carroll, the Board nominated and reappointed Mr. Jim Ingle, Ms. Barbara Smith, and Mr. Dave Anderson to serve on the GRTC Board of Directors, whose terms are effective October 21, 2024, and expire October 20, 2025. And, further, the Board authorized the County Administrator or his designee to appear at the annual meeting and vote on behalf of the county for the GRTC Directors appointed by the Chesterfield County Board of Supervisors, by the Richmond City Council, and by the Henrico County Board of Supervisors. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 2. Health Center Commission (HCC) for the County of Chesterfield On motion of Mr. Ingle, seconded by Dr. Miller, the Board nominated and appointed Ms. Jene Wood (Clover Hill district) to serve as an at-large representative on the Health Center Commission for the County of Chesterfield, whose term is effective immediately and will expire June 30, 2027. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. B. Consent Items (14.B.1. - 14.B.12.) 1. Adoption of Resolutions a. Resolution Recognizing Corporal Eric M. Becker, Police Department, Upon His Retirement On motion of Ms. Schneider, seconded by Dr. Miller, the Board adopted the following resolution: 09/25/2024 Page 8 of 63 WHEREAS, Corporal Eric M. Becker retired from the Chesterfield County Police Department on October 1, 2024, after providing over 25 years of quality service to the residents of Chesterfield County; and WHEREAS, Corporal Becker began his career with the Chesterfield Police Department as a Police Officer and faithfully served the county as a Police Officer, Senior Police Officer, Master Police Officer, Career Police Officer and Corporal; and WHEREAS, Corporal Becker also served during his tenure as a School Resource Officer, Firearms Instructor, DUI/DUID Instructor, General Instructor, UOB Evidence Technician, and Bike Patrol Officer; and WHEREAS, Corporal Becker earned a Life-Saving Award for actions he took when assisting other units at the scene of a vehicle that had left the roadway, striking a tree and pinning the doors partially closed which left passengers trapped, he and several others were able to open the passenger door, cut seatbelts off of the trapped occupants and remove them from the vehicle before it became fully engulfed in flames; and WHEREAS, Corporal Becker was presented with an Achievement Award for actions he took while working off duty when he responded to a robbery in progress of a nearby business after being notified by an employee who had been able to escape, confronting the robber exiting the back of the building and apprehending him, resulting in a full confession and the money returned to the business; and WHEREAS, Corporal Becker was presented with an Achievement Award for assisting Training Staff with navigating and managing the schedule for mandatory and significant training events and basic academy classes, despite the COVID-19 Pandemic, ensuring that approximately 150 officers who were unable to attend in-person were able to receive the training in a remote format and all required in-person training was rescheduled to have the least impact on patrol manpower, assisting with the redesign of the LawFit obstacle course to meet adjusted health protocols, ensuring annual mandatory firearms qualifications could be performed for Chesterfield County Police Department and neighboring departments, overall resulting in the department not having to request any training extensions due to the pandemic and no employee contracting COVID-19 as a result of a training event; and WHEREAS, Corporal Becker consistently assisted Fire and EMS when on patrol, allowing them to provide better aid to those in need and in the community; and WHEREAS, Corporal Becker utilized his strong interpersonal skills, nurturing the bright minds of those in his school, strengthening the relationship between Chesterfield Police Department and Chesterfield County Public Schools, and maintaining a 09/25/2024 Page 9 of 63 positive attitude and approachable demeanor; and WHEREAS, Corporal Becker was repeatedly recognized for his active participation in voluntary school and department events and routinely adjusting his schedule to accommodate the needs of school and department staff; and WHEREAS, Corporal Becker is recognized for his strong work ethic, punctuality, thorough investigation skills, his teamwork, communication, and human relations skills, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County during his career; and WHEREAS, Corporal Becker has received numerous letters of commendation, thanks and appreciation from supervisors and residents for services rendered; and WHEREAS, Corporal Becker has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Becker’s diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Eric M. Becker and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. b. Resolution Recognizing Master Officer Joseph M. Redmon, Police Department, Upon His Retirement On motion of Ms. Schneider, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Master Officer Joseph M. Redmon will retire from the Chesterfield County Police Department on October 1, 2024 after providing nearly 22 years of quality service to the residents of Chesterfield County; and WHEREAS, Master Officer Redmon began his career with the Chesterfield Police Department as a Pre-Certified Officer in 2002 and continued to serve as a Police Officer, Senior Police Officer, Career Police Officer and Master Police Officer; and WHEREAS, Master Officer Redmon also served during his tenure for seven years as a School Resource Officer, was a member of the Special Response Unit and was trained as a patrol rifle operator; and WHEREAS, Master Officer Redmon was recognized in a 09/25/2024 Page 10 of 63 letter by Grange Hall Elementary School representatives who expressed their appreciation to him for responding while he was off duty to an electrical fire at the school and taking control of the scene by directing traffic and providing instructions and support to students and parents of students at the school; and WHEREAS, Master Officer Redmon was an operator and instructor for Project Lifesaver, a program established to save lives and reduce potential injury for adults and children who wander due to Alzheimer’s, Autism, Dementia and other related disorders; and WHEREAS, Master Officer Redmon spent time during his off duty hours volunteering at the Chesterfield County Youth Academy to reach out to children to allow them to see “beyond the uniform” in their daily interactions; and WHEREAS, Master Officer Redmon is recognized for his teamwork and his communications and human relations skills, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County during his career; and WHEREAS, Master Officer Redmon has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Master Officer Redmon's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Master Officer Joseph M. Redmon and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. c. Resolution Recognizing Corporal Brian S. Bailey, Police Department, Upon His Retirement On motion of Ms. Schneider, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Corporal Brian S. Bailey will retire from the Chesterfield County Police Department on October 1, 2024 after providing over 33 years of quality service to the residents of Chesterfield County; and WHEREAS, Corporal Bailey began his career with Chesterfield County in 1990 with the Maintenance and Logistics section of the Fire Department joining the Police Department as a Recruit in 1996 and faithfully served as a Police Officer Senior Police Officer, Master Police Officer, Career Police Officer, 09/25/2024 Page 11 of 63 achieving the rank of Corporal in 2011; and WHEREAS, Corporal Bailey also served during his tenure as a Field Training Officer, Hostage Negotiator, Marine Patrol Officer, Drug Court Officer, Breathalyzer Operator, and was a dedicated School Resource Officer for over 14 years; and WHEREAS, Corporal Bailey earned a Life Saving Award for his effort to deliver CPR to a male who had collapsed at a local convenience store thereby stabilizing him and received a Rescue Certificate for following up on the male victim’s female companion who was passed out in her vehicle at the same location, recognizing that she was in an overdose situation and administering two separate doses of Narcan to revive her as Fire and EMS arrived; and WHEREAS, Corporal Bailey was presented with a Unit Citation recognizing his contribution to the success of the SWAT and Hostage Negotiation Teams over a 10- year period, responding to over 150 high-risk and barricade situations, rescuing over sixty-five people and achieving state and national recognition for the negotiation team’s unique partnership and working relationship with the Chesterfield County Mental Health Department; and WHEREAS, Corporal Bailey received two Unit Citations for the dedication, attention to detail and high volume of work the School Resource Officers consistently achieved while serving at their various schools; and WHEREAS, Corporal Bailey was a certified responder for Project Lifesaver, a program established to save lives and reduce potential injury for adults and children who wander due to Alzheimer’s, Autism, Dementia and other related disorders; and WHEREAS, Corporal Bailey was often cited by his supervisors while serving as a School Resource Officer for being a positive role model who has excelled at developing relationships with students as someone they can look up to and trust; and WHEREAS, Corporal Bailey is recognized for his strong work ethic, his teamwork and his communications and human relations skills, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County during his career; and WHEREAS, Corporal Bailey has received numerous letters of commendation, thanks and appreciation from supervisors and residents for services rendered; and WHEREAS, Corporal Bailey has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Bailey's diligent 09/25/2024 Page 12 of 63 service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Brian S. Bailey and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. d. Resolution Recognizing the Chesterfield Chamber of Commerce on its 25th Anniversary On motion of Ms. Schneider, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, the Chesterfield County Chamber of Commerce, organized in 1999, is celebrating its 25th year of service to the businesses and communities of Chesterfield County; and WHEREAS, one of the county’s strategic goals is to have a vibrant economy that includes economic opportunities, business and visitation, quality jobs, and diverse business; and WHEREAS, the county’s businesses provide needed goods and services, employment opportunities, a tax base that helps maintain the county’s extraordinary quality of life, and more; and WHEREAS, the Chamber is dedicated to creating and supporting the entire business community to build a foundation that forms a healthy, successful and vibrant county; and WHEREAS, the Chamber’s mission is accomplished with advocacy, education, exposure to evolving industry standards and meaningful engagement; and WHEREAS, the Chamber endeavors to improve the ability of its members to succeed and has conducted such things as classes and other learning opportunities to enable chamber members to interact with the county’s diverse populations; and WHEREAS, the Chamber regularly hosts a variety of networking events that provide its members with opportunities to share ideas and resources and to learn from each other in order to be mutually successful; and WHEREAS, in these ways and others, the Chamber is a strong voice and advocate for business and a link between businesses and the community; and WHEREAS, the Chamber has partnered with neighboring chambers and military units to promote regional efforts aimed at helping local businesses and military bases; and 09/25/2024 Page 13 of 63 WHEREAS, the Chamber now has more than 1,359 businesses as members, and includes solopreneurs and small, medium and large businesses located in the area. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes The Chesterfield Chamber of Commerce upon it 25th anniversary and extends on behalf of its members and the citizens of Chesterfield County appreciation for the valuable work it performs for the betterment of Chesterfield businesses and the community. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 2. Real Property Requests a. Acceptance of Parcels of Land 1. Acceptance of Parcels of Land Adjacent to Genito Road from FC Richmond On motion of Ms. Schneider, seconded by Dr. Miller, the Board accepted the conveyance of two parcels of land containing a total of 0.422 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. 2. Acceptance of a Parcel of Land Adjacent to Bermuda Hundred Road from CRDR Management Meadowville LLC On motion of Ms. Schneider, seconded by Dr. Miller, the Board accepted the conveyance of a parcel of land containing 0.026 acres adjacent to Bermuda Hundred Road from CRDR Management Meadowville LLC 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 Adjacent to Midlothian Turnpike from PTM LP On motion of Ms. Schneider, seconded by Dr. Miller, the Board accepted the conveyance of a parcel of land containing 0.018 acres adjacent to Midlothian Turnpike from PTM LP and authorized the County Administrator to execute the deed. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 4. Acceptance of Parcels of Land Adjacent to Old Bermuda Hundred Road and Ramblewood Road from SSD Investments LLC 09/25/2024 Page 14 of 63 On motion of Ms. Schneider, seconded by Dr. Miller, the Board accepted the conveyance of two parcels of land containing a total of 0.97 acres adjacent to Old Bermuda Hundred Road and Ramblewood Road from SSD Investments LLC and authorized the County Administrator to execute the deed. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. b. Conveyance of Easements 1. Designation of a Parcel of Land for Cosby High School On motion of Ms. Schneider, seconded by Dr. Miller, the Board designated a parcel of land containing 0.059 acres as public right of way for Cosby High School. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. c. Requests for Permission 1. Request Permission to Allow a Proposed Private Water Service Within an Existing Private Water Easement to Serve the Property at 3820 Old Gun Road West On motion of Ms. Schneider, seconded by Dr. Miller, the Board granted permission to allow a proposed private water service within an existing private water easement to serve property at 3820 Old Gun Road West and authorized the County Administrator to execute the water connection agreement. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 2. Request Permission to Allow an Existing Private Water Service Within a Proposed Private Water Easement to Serve the Property at 8700 Dorsey Road On motion of Ms. Schneider, seconded by Dr. Miller, the Board granted permission to allow an existing private water service within a new private water easement to serve property at 8700 Dorsey Road and authorized the County Administrator to execute the water connection agreement. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. d. Requests to Quitclaim 1. Request to Quitclaim a Portion of a Sewer Easement Across the Property Owned by Old Hundred Trace Va LLC On motion of Ms. Schneider, seconded by Dr. Miller, the Board authorized the Chairman of the Board of 09/25/2024 Page 15 of 63 Supervisors and the County Administrator to execute a quitclaim deed to quitclaim a portion of a sewer easement across the property owned by Old Hundred Trace Va LLC. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 3. Accept and Appropriate Grant Funds from the Federal Aviation Administration (FAA) and Virginia Department of Aviation (DOAV) for the Design of the Chesterfield County Airport Runway Extension Project On motion of Ms. Schneider, seconded by Dr. Miller, the Board accepted and appropriated grant funds from the Federal Aviation Administration (FAA) and Virginia Department of Aviation (DOAV) for the design of the Chesterfield County Airport Runway Extension Project. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 4. Authorization to Proceed with Design-Build Procurement for the Otterdale Road at Swift Creek Drainage Project On motion of Ms. Schneider, seconded by Dr. Miller, the Board authorized staff to proceed with the use of design-build procurement for the Otterdale Road at Swift Creek Drainage Project. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 5. Authorization to Proceed with Cosby High School Access Improvements On motion of Ms. Schneider, seconded by Dr. Miller, the Board authorized staff to proceed with the Cosby High School Access Improvements. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 6. Approval of Amendment of the Route 1 Incentive Policy On motion of Ms. Schneider, seconded by Dr. Miller, the Board approved an amendment to the Route 1 Incentive Policy permitting submittal of a plan of development by December 31, 2024. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 7. Adoption of the 2025 Legislative Program On motion of Ms. Schneider, seconded by Dr. Miller, the Board adopted the 2025 Legislative Program. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 8. Authorize the CSB to Create Four Full-Time 09/25/2024 Page 16 of 63 Positions in the Permanent Supportive Housing Program through Funding as Part of the FY25 Performance Contract from the Virginia Department of Behavioral Health & Developmental Services On motion of Ms. Schneider, seconded by Dr. Miller, the Board approved the creation of four full-time, fully-funded positions in the Permanent Supportive Housing program to support unmet needs of providing wrap-around services to individuals with Serious Mental Illness. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 9. Set Public Hearing a. To Consider Continuation of Lease of Henricus Historical Park with the Henricus Foundation On motion of Ms. Schneider, seconded by Dr. Miller, the Board set October 30, 2024, as the date to hold a public hearing to consider continuation of a lease of Henricus Historical Park with the Henricus Foundation. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. b. To Consider a Lease of County Property Adjacent to the Meadowville Wastewater Pump Station at 1398 Bermuda Hundred Road On motion of Ms. Schneider, seconded by Dr. Miller, the Board set October 30, 2024, as the date to hold a public hearing to consider the lease of county property adjacent to the Meadowville Wastewater Pump Station at 1398 Bermuda Hundred Road to American Tower. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. c. To Consider Code Amendment Relative to Chesapeake Bay Preservation Areas (Mature Trees and Climate Resilience) On motion of Ms. Schneider, seconded by Dr. Miller, the Board set October 30, 2024, as the date to hold a public hearing to consider a code amendment relative to Chesapeake Bay Preservation Areas (Mature Trees and Climate Resilience). Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. d. To Consider Code Amendment Relative to Public Notice On motion of Ms. Schneider, seconded by Dr. Miller, the Board set October 30, 2024, as the date to hold a public hearing to consider a code amendment relative to public notice. 09/25/2024 Page 17 of 63 Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. e. To Consider Code Amendment Relative to Vested Rights and Nonconforming Uses On motion of Ms. Schneider, seconded by Dr. Miller, the Board set October 30, 2024, as the date to hold a public hearing to consider a code amendment relative to vested rights and nonconforming uses. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 10. Acceptance of State Roads On motion of Ms. Schneider, 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: Greenwich Walk at Fox Creek Phase 4 Type Change to the Secondary System of State Highways: Addition Reason for Change: New Streets Pursuant to Code of Virginia Statutes: §33.2-705, 33.2-334 Street Name and/or Route Number ► Hallowell Ridge, State Route Number 8196 From: Citory Way, (Route 8590) To: 0.01 miles east of Citory Way, (Route 8590), a distance of 0.01 miles Recordation Reference: Plat Book 275, Page 2 Right of Way width (feet) = 43 09/25/2024 Page 18 of 63 ► Hallowell Ridge, State Route Number, 8196 From: Citory Way, (Route 8590) To: 0.05 miles west of Citory Way, (Route 8590), a distance of 0.05 miles Recordation Reference: Plat Book 275, Page 2 Right of Way width (feet) = 43 ► Citory Way, State Route Number 8590 From: Lewisham Drive, (Route 8194) To: Hallowell Ridge, (Route 8196), a distance of 0.20 miles Recordation Reference: Plat Book 275, Page 2 Right of Way width (feet) = 43 Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 11. Approval of a Contract for the Purchase and Installation of Diesel Exhaust Extraction Systems to Applied Resource Technologies, LLC for Fire and EMS Stations On motion of Ms. Schneider, seconded by Dr. Miller, the Board approved and authorized the Procurement Director to execute a contract and all necessary change orders up to the amount budgeted to Applied Resource Technologies, LLC, for the purchase and installation of diesel exhaust extraction systems for Chesterfield County Fire & EMS stations. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 12. Approval of the Purchase of a Parcel of Land for the Lake Dale Emergency Communications Tower On motion of Ms. Schneider, seconded by Dr. Miller, the Board approved the purchase of a parcel of land containing 28 acres, more or less, from Shoosmith Bros., Inc. for the Lake Dale Emergency Communications Tower. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 15. Fifteen-Minute Citizen Comment Period on Unscheduled Matters Ms. Courtney Bernhardt expressed concerns relative to the Chesterfield Energy Reliability Center and the types and amounts of emissions from the plant. Mr. Glen Besa expressed concerns relative to Dominion Energy receiving preferential treatment and requested a hearing on the zoning and suitability of the site. Mr. Christian Martinez Lemus expressed concerns relative to the Dominion Energy plant, potential increases in electric bills, high risk from pollution, and how the project contradicts Virginia's clean energy laws. 09/25/2024 Page 19 of 63 Mr. Danny Castillo expressed concerns relative to energy spikes, AI (artificial intelligence) queries, data centers, and big tech. 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 1. 23SN0041 - North Hallsley - Midlothian In Midlothian Magisterial District, North Hallsley is a request to rezone from Residential Townhouse (R-TH) to Residential (R-15) on property fronting the west side of Old Hundred Road north of Scottwood Road, also fronting east and west sides of Scottwood Road, as well as fronting the eastern terminus of Allsdell Road, Brightwalton Road, Dunleer Way, Saville Chase Road, and Saville Chase Trail. The 301.96-acre property is proposed for a maximum development of 340 dwelling units. Ms. Wilson introduced Case 23SN0041. She stated Dr. Miller is requesting deferral to the Board's October 30, 2024, public hearing. Mr. Holland called for public comment on the deferral. Ms. Patty Friedman stated she supports North Hallsley. She asked the Board to start preparing the infrastructure to be able to support these kinds of neighborhoods. There being no one else to speak to the issue, the public hearing on the deferral was closed. On motion of Dr. Miller, seconded by Mr. Carroll, the Board deferred Case 23SN0041 to its regularly scheduled Board of Supervisors meeting on October 30, 2024. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. C. Consent Cases 1. 23SN0062 - Caliber Collision Boulders - Midlothian In Midlothian Magisterial District, Caliber Collision Boulders is a request for conditional use to permit automobile repair (including body, major engine, or transmission) plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in General Business (C-5) District on 4.27 acres known as 7522 Midlothian 09/25/2024 Page 20 of 63 Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Business use. Tax ID 762-707-5631. Ms. Wilson introduced Case 23SN0062. 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 Mr. Carroll, the Board approved Case 23SN0062, subject to the following conditions: Conditions 1. The Property shall be designed in general conformance with Exhibit A, Conceptual Site Plan entitled “Caliber Collision” dated May 17, 2023, last revised August 1, 2024, prepared and submitted by Bret Flory of Cross Architects, PLLC., as well as the Textual Statement dated 8/2/2024. (P) 2. Within 90 days of approval, the Applicant shall enhance the landscaping along Midlothian Turnpike to Landscape C, as defined in the Ordinance. The enhanced landscaping along Midlothian Turnpike will be coordinated with the future sidewalk project and the exact location will be determined at the time of final site plan approval. (P) 3. Within 90 days of approval, the Applicant shall enhance the landscaping along Boulders Parkway to two (2) times Landscape C, including the architectural features as detailed on Exhibit A. (P) 4. Within ninety (90) days of approval, the Applicant shall replace the existing wooden fence located along the northern property line with a new pressure treated wooden privacy fence that is six (6) feet in height. (P) 5. No inoperable vehicle or vehicle awaiting repair shall be located on any portion of the Property that is visible from any public right of way. (CE) Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 2. 23SN0087 - Meadowville Road Rezoning - Bermuda In Bermuda Magisterial District, Meadowville Road Rezoning is a request to rezone from Agricultural (A), Neighborhood Business (C-2), and Community Business (C-3) to Community Business (C-3) with conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 5.46 acres known as 27, 101, 107, 109, 111, and 121 Meadowville Road, and 108, 116, 200, and 204 East 09/25/2024 Page 21 of 63 Hundred Road. The Comprehensive Plan suggests the property is appropriate for Community Business use. Tax IDs 814-652-5387, 6781, 7781, 7994; 814-653-4407, 5807, 6613, 7317, 7920, and 8631. Ms. Wilson introduced Case 23SN0087. 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. Ingle, seconded by Mr. Carroll, the Board approved Case 23SN0087, subject to the following conditions: Proffered Conditions The Applicant in this case, Emerson Companies, LLC, (the “Applicant’) 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 use of the property under consideration in this case (the “Property”) will be according to the following conditions 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 Applicant, the proffer conditions shall immediately be null and void and of no further force or effect. 1. Master Plan. The Master Plan for the Development of the Property shall consist of the following: A. The Textual Statement dated September 10, 2024. B. The conceptual layout last revised September 9, 2024, entitled, “MEADOWVILLE TRIANGLE BERMUDA DISTRICT, CHESTERFIELD COUNTY, VIRGINIA CONCEPTUAL – MEDICAL OFFICES” prepared by Townes Site Engineering (referred to herein as “Concept Plan A”), the conceptual layout last revised September 9, 2024, entitled, “MEADOWVILLE TRIANGLE DEVELOPMENT BERMUDA DISTRICT, CHESTERFIELD COUNTY, VIRGINIA CONCEPTUAL – RETAIL DEVELOPMENT” prepared by Townes Site Engineering (referred to herein as “Concept Plan B”), and the conceptual layout last revised September 9, 2024, 2024, entitled, “MEADOWVILLE TRIANGLE RESTAURANT DEVELOPMENT BERMUDA DISTRICT, CHESTERFIELD COUNTY, VIRGINIA CONCEPTUAL - RESTAURANTS” prepared by Townes Site Engineering (referred to herein as “Concept Plan C”). The Property shall be designed and developed as generally depicted on Concept Plans noted above or another concept plan that is approved by the Planning Commission at the time of site plan approval. Whichever of the foregoing four (4) alternate concept plans is selected shall be referred to as the 09/25/2024 Page 22 of 63 “Selected Concept Plan,” and the exact location of the lots, buildings, parking, public road accesses, shared accesses, common areas, and other improvements may be modified provided that the general intent of the Selected Concept Plan is maintained, as approved by the Planning and Transportation Departments. C. The conceptual shared access layout last revised September 9, 2024, entitled, “MEADOWVILLE TRIANGLE DEVELOPMENT BERMUDA DISTRICT, CHESTERFIELD COUNTY, VIRGINIA SHARED ACCESS EXHIBIT” prepared by Townes Site Engineering (referred to herein as “Shared Access Plan”). The Property shall be designed and developed, with respect to shared accesses, as generally depicted on the Shared Access Plan. The exact location of the lots, buildings, parking, public road accesses, shared accesses, common areas, and other improvements may be modified provided that the general intent of the Shared Access Plan is maintained as approved by the Planning and Transportation Departments. Notwithstanding anything to the contrary in the Shared Access Plan or Selected Concept Plan, the Owner/Developer shall permit properties adjacent to the west of the Property to have shared access through the Property, provided that the owners of such properties shall be solely responsible for all costs associated with establishing such accessways, including without limitation, costs for design, permitting, and construction. (P) 2. Connection to County Water/Sewer. The Applicant shall connect the Property to County water and sewer at time of construction. (U) 3. Access. a. The exact location of each vehicular access shall be approved by the Transportation Department: 1) East Hundred Road (Route 10): Direct access to/from the Property to Route 10 shall be limited to one (1) access. If the access aligns with the existing signalized crossover/median break, then the access shall be designed to prohibit vehicles exiting the Property from traveling east on Route 10, as approved by the Transportation Department. 2) Meadowville Road: Direct access to/from the Property to Meadowville Road shall be limited to two (2) accesses. One access may align with the existing eastern crossover/median break along the Property’s frontage to Meadowville Road, provided the access and/or the crossover are designed to prohibit vehicles exiting the Property from traveling west on Meadowville Road, as approved by the Transportation Department. The westernmost access shall be limited to right-in and right-out movements and located a minimum of one hundred (100) feet west/south of the existing western crossover/median break along Meadowville Road, unless otherwise approved by the Transportation Department. Notwithstanding anything to the contrary that is shown on the Selected Concept Plan, if requested by the 09/25/2024 Page 23 of 63 Owner/Developer and approved by the Transportation Department, one (1) additional access may be permitted from/to Meadowville Road. b. At time of plan review, if required by the Transportation Department, prior to final site plan approval, access easement(s), acceptable to the Transportation Department, shall be recorded from the Route 10 and/or Meadowville Road accesses to serve the adjacent properties to the west, south, and east. (T) 4. Road Improvements. To provide an adequate roadway system, the Owner/Developer shall be responsible for the following road improvements. The exact design of these improvements shall be approved by the Transportation Department. If any of these improvements are provided by others, as determined by the Transportation Department, then the specific improvement(s) shall no longer be required by the Owner/Developer of the Property. a. Construction of additional pavement along the westbound lanes of Route 10 at the approved access to provide a separate right turn lane. This improvement shall be completed prior to issuance of a certificate of occupancy for development of the property that will be served by and will construct the Route 10 access. b. If the Route 10 access utilizes the existing signalized Route 10 crossover/median break, then the Owner/Developer shall construct crossover and traffic signal modifications at the existing crossover/median break to accommodate the property access. Improvement shall be completed prior to issuance of a certificate of occupancy for development of the property that will be served by and will construct the Route 10 access. c. Construction of additional pavement along the eastbound lanes of Meadowville Road at each approved access to provide a separate right turn lane. Improvement shall be completed prior to issuance of a certificate of occupancy for development of the property that will be served by and will construct each property access. d. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the road improvements identified above. (T) 5. Architectural/Design Elements. All Architectural/Design Elements below are considered minimum standards for the development of the Property. A. Style and Form. i. Commercial office buildings shall have an architectural treatment and materials generally consistent with those depicted in the conceptual elevations submitted herewith as EXHIBIT A, 09/25/2024 Page 24 of 63 but variation from the conceptual elevations shall be permitted as approved by the Planning Department at time of site plan review. ii. Retail buildings shall have an architectural treatment and materials generally consistent with the buildings currently existing in the Ironwill shopping center located at 9821, 9836, 9949, 9951, and 9959 Iron Bridge Road or the Rivers Bend shopping center located at the intersection of Rivers Bend Boulevard and E. Hundred Road, which existing buildings are depicted in the conceptual images submitted herewith as EXHIBIT B. Variation from the conceptual images shown in EXHIBIT B shall be permitted as approved by the Planning Department at time of site plan review. (P) 6. Pedestrian Circulation Within Property to Meadowville Road. At time of plans review, the Owner/Developer shall be required to provide hardscaped pedestrian walkways within the Property, with the exact locations approved by the Planning Department. (P) Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 3. 24SN1151 - Royal Farms at Rivers Bend Setback Exception - Bermuda In Bermuda Magisterial District, Royal Farms at Rivers Bend Setback Exception is a request for conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in a Community Business (C-3) District on 3.76 acres known as 210, 220, 230 East Hundred Road and 13200 Rivers Bend Blvd. The Comprehensive Plan suggests the property is appropriate for Community Business use. Tax IDs 814-652-9588; 815-652-0686, 1474, and 1995. Ms. Wilson introduced Case 24SN1151. 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. Ingle, seconded by Mr. Carroll, the Board approved Case 24SN1151, subject to the following conditions: Conditions 1. Conceptual Plan. Development of the Property shall generally conform to the Conceptual Plan (Exhibit A), titled “Royal Farms Store # 453, Shared Access Exhibit”, prepared by Kimley Horn last revised July 26, 2024, with respect to vehicular access. The layout on the Conceptual Plan is conceptual in nature and may vary based on the site plan depending on final 09/25/2024 Page 25 of 63 engineering and environmental studies or as otherwise approved by the Planning Commission at the time of plans review. (P) 2. Setbacks. The parking setback along the northern property line shall be a minimum of ten (10) feet. Parking setbacks along all other property lines and building setbacks along all property lines shall meet the requirements of the Route 10 East Design District, as specified in Sec. 19.1-382 of the Zoning Ordinance. (P) 3. Screening. The parking setback along the northern property line shall be improved with an opaque structural fence at least six feet (6’) in height, or alternative screening as approved by the Planning Department at time of site plan review. Such screening shall be maintained for so long as the adjacent parcels are occupied by a residential use. (P) 4. Access Easement. Prior to final site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded to/from the Rivers Bend Boulevard access across the subject property to the adjacent property(ies) to the west. (T) Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 4. 24SN1087 - Branders Bridge Rezoning - Bermuda In Bermuda Magisterial District, Branders Bridge Rezoning is a request to rezone from Residential (R- 12) to Agricultural (A) plus conditional use to permit a second dwelling and amendment of zoning district map on property known as 13609 Branders Bridge Road. The 7.14 acre property is proposed for a maximum of two dwelling units. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax ID 785-646-8847. Ms. Wilson introduced Case 24SN1087. 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. Ingle, seconded by Dr. Miller, the Board approved Case 24SN1087, subject to the following conditions: Conditions 1. Occupancy Limitations. Occupancy of the second dwelling unit shall be limited to the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, personal guests, and household employees. 09/25/2024 Page 26 of 63 (P) 2. Deed Restrictions. 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. Dedication. In conjunction with any subdivision plat or within sixty (60) days from a written request by the County, whichever occurs first, forty- five ( 45) feet of right of way on the south side of Old Happy Hill Road and forty- five (45) feet of right of way on the east side of Branders Bridge Road, measured from the centerlines of those roads, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 4. Access. There shall be no direct vehicular access to/from Branders Bridge Road. (T) Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 5. 24SN1096 - Boschen Woods Phase 2 - Dale In Dale Magisterial District, Boschen Woods Phase 2 is a request to rezone from Agricultural (A) and Residential (R-15) to Residential (R-15) and amendment of zoning district map on property known as 8410 Beach Road. The 5.53 acre property is proposed for a maximum development of 4 dwelling units. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use Tax ID 763-661-8201. Ms. Wilson introduced Case 24SN1096. 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. Holland, seconded by Dr. Miller, the Board approved Case 24SN1096, subject to the following conditions: Proffered Conditions The Applicant hereby offers the following proffered conditions: 1. Master Plan. The Textual Statement, last revised August 1, 2024, shall be considered the Master Plan. (P) 2. Utilities. Public water systems shall be used for all new residential dwelling units. Existing residential structures on the property may continue to utilize existing well and septic systems; provided 09/25/2024 Page 27 of 63 however, water service connection shall be provided for the existing residential structure and shown on the subdivision construction plan for future connection if or when desired. (U) 3. Conceptual Plan. The site shall be developed in general conformance with the Conceptual Plan (Exhibit A), titled “Boschen Woods Phase 2”, prepared by Balzer and Associates last revised May 28, 2024, with respect to the general layout of roads and lots. The layout on the Conceptual Plan is conceptual in nature and may vary based on final soil studies, RPA lines, lot, and road design, building footprints and other engineering reasons. If adjustments are deemed to be significant, the Conceptual Plan shall be presented to the Planning Commission for final approval. (P) 4. Dwelling Size. For any newly construction dwelling units, one (1) story dwelling units shall have a minimum gross floor area of 2,000 square feet and dwellings with more than one (1) story shall have a minimum gross floor area of 2,500 square feet. (P) 5. Density. No more than four (4) dwelling units shall be developed on the Property. (P) 6. Transportation. a. Prior to any site plan approval, in conjunction with recordation of the initial subdivision plat, or within sixty (60) days from a written request by the Transportation Department, whichever occurs first, forty-five (45) feet of right- of-way along the northern side of Beach Road, measured from the centerline of that part of Beach Road immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. b. The developer shall provide the following road improvements with initial development of the Property: i. Widening/improving the north side of Beach Road to a twelve (12) foot wide travel lane, measured from the centerline of the road, with an additional four (4) foot wide paved shoulder plus a four (4) foot wide unpaved shoulder and overlaying the full width of the road with one and one half (1.5) inches of compacted bituminous asphalt concrete, with modifications approved by the Transportation Department, for the entire Property frontage; and ii. Dedication of Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) 7. Access. Direct vehicular access to Beach Road shall be limited to the existing residential driveway that serves the existing home on “Proposed Lot 1 Section 2,” as generally shown on the Conceptual Plan (Exhibit A). If the property is redeveloped, as 09/25/2024 Page 28 of 63 determined by the Transportation Department, or direct vehicular access is provided to Boschen Woods Place for the existing home, then the existing Beach Road access shall be removed and there shall be no direct vehicular access to Beach Road. (T, P) 8. Subdivision Design Elements: a. Driveways: All portions of driveways and parking areas shall be brushed concrete, stamped concrete, exposed aggregate concrete, asphalt or decorative pavers. b. Front Walks: A minimum of a 3-foot-wide concrete front walk shall be provided to the front entrance of each dwelling unit, to connect to drives, sidewalks or street. c. Front Foundation Planting Beds: Foundation planting is required along the entire front façade of all units and shall extend along all sides facing a street. Foundation Planting Beds shall be a minimum of four (4) feet wide from the unit foundation. Planting beds shall include medium shrubs, spaced a maximum of four (4) feet apart. The plant materials used should visually soften the unit corners and complement the architecture of the home at their mature sizes. Planting bed deviations may be approved by the Planning Department at time of plans review due to unique design circumstances. (P) 9. Residential Architecture and Materials: The following shall only be applicable to new construction. a. Style and Form. Unless significant deviations are approved by the Planning Commission during subdivision plan review, the architectural treatment of the single-family dwellings shall be generally compatible and consistent in quality with the single-family dwellings shown in Exhibit A. b. Materials. Acceptable siding materials include brick, stone, masonry, fiber cement siding (such as HardiPlank, HardieShingle, and HardieTrim), or engineered wood siding (such as LP SmartSide), premium quality vinyl siding with a minimum thickness of .044 inches or other comparable material as approved by the Planning Director at time of plans review. Dutch lap and plywood siding are not permitted. Other materials may be used for trim, architectural decorations, or design elements provided they blend with the architecture of the dwelling. Where a dwelling borders more than one street, all street-facing facades shall be finished in the same materials. c. Foundation Treatment. All exposed portions of the foundation, except for exposed piers supporting front porches, shall be faced with brick or stone veneer a minimum of sixteen inches (16”) above grade. 09/25/2024 Page 29 of 63 d. Repetition. Single family detached dwelling units with the same elevations, not including the same style (Craftsman, Farmhouse, etc.), and color palette may not be adjacent to each other on the same street. e. Step-down Siding. For dwelling units stepping the siding down below the first floor shall be permitted on the side and rear elevations that do not front on a street, with a maximum of two (2) steps permitted on any elevation. A minimum of 24 inches of exposed brick or stone shall be required, unless a lesser amount is approved by the Planning Department at time of plans review due to unique design circumstances. f. Roof Materials. Roofing materials shall be standing seam metal or dimensional architectural shingles or better with a minimum 30-year warranty. g. Porches and Stoops. iii. Front Porches: Where elevated more than sixteen (16) inches, front entry stoops and front porches shall be constructed with continuous masonry foundation wall or on 12”x12” masonry piers. Extended front porches shall be a minimum of five (5) feet deep. Space between piers under porches shall be enclosed with framed lattice panels. Where provided or required by code on elevated porches, handrails and railings shall be finished painted wood, vinyl or metal railing with vertical pickets or sawn balusters. Pickets shall be supported on top and bottom rails that span between columns. iv. Front Porch Flooring: Porch flooring may be concrete, exposed aggregate concrete, or a finished paving material such as stone, tile or brick, finished (stained or painted) wood, or properly trimmed composite decking boards. All front steps shall be masonry to match the foundation. h. Garages. Front loaded garages shall use 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, arches, ornamental hardware 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. i. Heating, Ventilation and Air Conditioning (HVAC) Units and House Generators. Units adjacent to public right of way shall be screened from view by landscaping or low maintenance material, as approved by the Planning Department. (P) 10. Minimum Lot Size. Lots shall be a minimum of 30,000 square feet in size. (P) Ayes: Holland, Miller, Ingle, Schneider and Carroll. 09/25/2024 Page 30 of 63 Nays: None. 6. 24SN1106 - Midlothian Restaurant and Cigar Bar - Midlothian In Midlothian Magisterial District, Midlothian Restaurant and Cigar Bar is a request for conditional use to permit a cigar lounge accessory to a restaurant (Recreational Substances, Retail, On-Site Use), and amendment of zoning district map in the General Business (C-5) District on 0.45 acre known as 8700 Midlothian Turnpike. The Comprehensive Plan suggests the property is appropriate for Community Business use. Tax ID 756-705-6558. Ms. Wilson introduced Case 24SN1106. 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 Mr. Carroll, the Board approved Case 24SN1106, subject to the following conditions: Conditions 1. Recreational Substances Use. Recreational substance use (Retail, On-Site only) shall be permitted on the Property – for the sale of Cigars only. Further, this use may be located on the Property within 2,000 linear feet of an existing recreational substances use, see Exhibit B. (P) 2. Hours of Operation. The hours of operation shall be limited to Monday thru Thursday, 4pm to 12am, and Friday thru Sunday, 12 pm to 12 am. (P) 3. Window Advertising. Window advertising is prohibited. (P) 4. Accessory Lighting of Windows and Doors. Accessory lighting of windows and doors that include the use of colored lighting shall be prohibited. This condition shall not prohibit typical lighting of windows and doors for the purposes of providing security or customer/employee safety. (P) Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 7. 24SN1107 - A1 Door Company Exception to Parking Setback - Dale In Dale Magisterial District, A1 Door Company Exception to Parking Setback is a request for conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in Light Industrial (I-1) District 09/25/2024 Page 31 of 63 on 1.81 acres known as 7901 Reycan Road and 7741 Whitepine Road. The Comprehensive Plan suggests the property is appropriate for Industrial use. Tax IDs 765-671-1576 and 2886. Ms. Wilson introduced Case 24SN1107. 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. Holland, seconded by Mr. Carroll, the Board approved Case 24SN1107, 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, proffer that the property known as Chesterfield County Tax Identification Numbers 765-671-1576-00000 and 765-671- 2886-00000 (the “Property”) under consideration 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 Applicants. In the event this request is denied or approved with conditions not agreed to by the owners and Applicants, the proffer shall immediately be null and void and of no further force or effect. 1. Master Plan. The Textual Statement dated August 7, 2024, together with the Concept Plan referenced in the Textual Statement, shall be considered the Master Plan. (P) 2. Landscaping in Parking Setback. To partially screen the parking area that serves the Property, landscaping shall be provided within the parking setback along Reycan Road (Route 737) as generally shown on the Concept Plan, or as otherwise approved in writing by the Director of Planning at time of Plan Review. (P) Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 8. 24SN1128 - McDonald Commercial Kennel - Clover Hill In Clover Hill Magisterial District, McDonald Commercial Kennel is a request for conditional use to permit a commercial kennel and amendment of zoning district map in an Agricultural (A) District on 4.87 acres known as 11707 Genito Road. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax ID 741-685-0617. 09/25/2024 Page 32 of 63 Ms. Wilson introduced Case 24SN1128. 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 Ms. Schneider, seconded by Mr. Ingle, the Board approved Case 24SN1128, subject to the following conditions: Conditions 1. Use. This conditional use approval shall be for a commercial kennel incidental to a dwelling. (P) 2. Non Transferable Ownership. This conditional use approval shall be granted exclusively to Jessica McDonald and shall not be transferable nor run with the land. (P) 3. Frequency of Care. The applicant may care for a maximum of one (1) mother dog and her litter at a time. (P) 4. Staff. No staff from outside of the home shall be permitted to work in this business. (P) 5. Sanitation and Waste Management. Any waste created by the mother dog and litter shall be cleaned regularly and disposed of in a proper manner. (P) 6. Improvements. There shall be no exterior alternations or additions to accommodate the commercial kennel. (P) 7. Time Limitation. This use shall be permitted for a period of three (3) years from the date of approval. (P) Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 9. 23SN0089 - TFC Old Stage Road Solid Waste Transfer Facility - Bermuda In Bermuda Magisterial District, TFC Old Stage Road Solid Waste Transfer Facility is a request for conditional use to permit a solid waste transfer facility and amendment of zoning district map in a Heavy Industrial (I-3) District on 14.97 acres known as 12200 and 12300 Old Stage Road. The Comprehensive Plan suggests the property is appropriate for Industrial use. Tax IDs 802-657-9750 and 803-657-0311. Ms. Wilson introduced Case 23SN0089. She stated the Planning Commission and staff recommended approval, subject to the conditions in the staff report. Mr. Holland called for public comment. 09/25/2024 Page 33 of 63 There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Mr. Carroll, the Board approved Case 23SN0089, subject to the following conditions: Conditions 1. Master Plan. The Master Plan for the Property shall consist of the Conceptual Plan (Exhibit A). Development of the Property shall generally conform to the Conceptual Plan, titled “Old Stage Road Solid Waste Transfer Station - Conceptual Plan”, prepared by the LaBella Associates, dated January 15, 2024 and last revised in February 2024, with respect to the general layout of buildings, parking, access, and setbacks. The layout on the Conceptual Plan is conceptual in nature and may vary based on the final site plan depending on final engineering and environmental studies or as otherwise approved by the Planning Commission at the time of plans review. (P) 2. Use. In addition to the uses permitted, restricted, and prohibited by Case 00SN0126, a conditional use for a solid waste transfer facility ("the facility") shall be permitted on the Property. The use shall be located on the Property as generally shown on Exhibit A. (P & CE) 3. Compliance with State Standards. Prior to the issuance of a building permit for any solid waste transfer use facility, the applicant shall provide copies of all plans and permits approved by the Department of Environmental Quality for such facility to the Planning Department. (P) 4. Days and Hours of Operation. The transfer of solid waste disposal on the Property shall be limited to Monday through Friday, between the hours of 6 AM to 12 AM. Saturday operations shall be limited to the hours of 8 AM to 2 PM. No Sunday operation is permitted. (P & CE) 5. Site Improvements & Operation. a. All employee and vehicle (including truck/equipment) parking areas shall consist of concrete or asphalt pavement. b. Any private drive aisle used to support truck traffic for this use shall consist of concrete or asphalt that supports a minimum of 80,000 pounds of compression. No gravel drives or parking areas shall be permitted on the premises. c. A filtered ventilation system and/or a positive aroma misting system shall be installed with this use. Use of the system(s) shall comply with the approved Odor Management Plan. d. Cleaning of the facility’s floor and the trench at each receiving bay door shall be performed daily, except when the facility is closed. e. Bay and structure doors for this portion of “the facility” shall be closed once daily debris is 09/25/2024 Page 34 of 63 removed and cleaning of the facility floor has been performed. f. No waste shall be left on the floor of facility, nor shall any waste be stored outside of the building after hours of operation have concluded. (P & CE) 6. Waste Acceptance & Transfer. Any waste processed by the facility shall be limited to household waste only. No hazardous or medical waste shall be processed as part of this use. In addition, waste that was collected from outside the Commonwealth of Virginia and transported to the facility by commercial or government haulers shall be prohibited. (P & CE) 7. Fugitive Dust and On-Site Trash Mitigation Plan. A plan for regular removal of trash, litter, dust and debris from the Property and its frontage along Old Stage Road shall be submitted in conjunction with the submission of the site plan for review and approval. (P & CE) 8. Odor Management & Vector Control Plans. An odor management plan for regular measures to mitigate potential odors from the use, including the frequency of on-site cleaning of the facility and the use of a filtered ventilation system and/or a positive aroma misting system, shall be submitted in conjunction with the submission of the site plan for review and approval. A vector control plan for the facility shall also be submitted in conjunction with the submission of the site plan for review and approval. (P & CE) 9. Adopt-a-Highway. Any solid waste transfer facility shall apply to the Virginia Department of Transportation to enroll in the "Adopt a Highway" program for the length of Old Stage Road from Route 10 to Osborne Road. This condition shall be deemed satisfied if the recycling facility operator has applied and been approved to participate in the program, per the condition of zoning from Case 00SN0126. (P) 10. Submission & Notice of DEQ Permits/Inspections/Complaints. The owner/operator of the facility shall provide the following documentation to the designated Chesterfield County representative: the Department of Environmental Quality (DEQ) permit for the facility, notice of any DEQ inspection within 24-hours of the inspection, a copy of the DEQ inspection letter to the County within ten (10) days of receipt, and notice of any odor complaint with a response by the owner/operator to the complaint. (P & CE) 11. Inspections for Solid Waste Transfer Facility. The owner/developer/operator shall allow County inspections of the solid waste transfer facility at reasonable times and with reasonable notice throughout the life and post closure of the solid waste transfer facility to include observing the taking of any and all samples of air, waste, surface water, leachate, or groundwater at the solid waste transfer facility. The 09/25/2024 Page 35 of 63 purposes of such inspection(s) shall be to ensure compliance with all County, state and Federal ordinances, statutes or regulations. (P & CE) Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. D. Discussion Cases 1. 24SN1135 - Love Commercial Kennel - Matoaca In Matoaca Magisterial District, Love Commercial Kennel is a request for conditional use to operate a commercial kennel and amendment of zoning district map in an Agricultural (A) District on 10.09 acres known as 13551 Cedar Creek Road. The Comprehensive Plan suggests the property is appropriate for Rural Residential/Agricultural use. Tax ID 701-638-5538. Ms. Haley Gist provided the Board with an overview of Case 24SN1135. 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 Mr. Ingle, the Board approved Case 24SN1135, subject to the following conditions: Conditions 1. Use. This conditional use approval shall be for a commercial kennel incidental to a dwelling. (P) 2. Non Transferable Ownership. This conditional use approval shall be granted exclusively to Mark and Carrie Love and shall not be transferable nor run with the land. (P) 3. Number of Dogs. Excluding the applicant's two personal dogs, the business shall be limited to the keeping of four (4) dogs at a time. (P) 4. Employees. Employees of the business shall be limited to the applicants. No staff from outside of the home shall be permitted. (P) 5. Outdoor Time. Any outdoor play time for the dogs shall be supervised and within the existing run area. Dogs must be on a lead, leash, or tether when not in the run area. (P) 6. Improvements. There shall be no exterior alternations or additions to accommodate the commercial kennel. (P) 7. Breeding. No commercial breeding of the dogs may occur. (P) 8. Time Limitation. This use shall be permitted for 09/25/2024 Page 36 of 63 a period of three (3) years from the date of approval. (P) Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 2. 24SN1097 - Hickory Road Solar Farm - Matoaca In Matoaca Magisterial District, Hickory Road Solar Farm is a request for conditional use to permit a large scale solar energy facility plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in an Agricultural (A) District on 22.67 acres known as 8010 Hickory Road. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use. Tax ID 770-624-Part of 0068. Mr. Richard Saunders provided the Board with an overview of Case 24SN1097. He stated the Planning Commission and staff recommended approval, subject to the conditions in the staff report. Mr. Luis Gonzalez provided details of the applicant's request. He reviewed citizen concerns that were brought up at the community meetings and how those concerns were addressed. He also reviewed the benefits of the project to the community. Mr. Holland called for public comment. Ms. Chloe Hodges, appearing on behalf of Energy Right, stressed the importance of property rights when making these decisions. Mr. Patrick Brueggemann, appearing on behalf of the International Brotherhood of Electrical Workers (IBEW) Local 666, stated solar power can create jobs for communities and give Chesterfield residents a pathway to a good career with great wages and benefits. Ms. Elinor Harper expressed concerns relative to the drastic modification of landscape views when a solar farm is built as well as the impact on property values. Mr. Jerry Turner expressed concerns relative to the 35-year life expectancy of the equipment, bonding, and decommissioning. Mr. Gonzalez provided a rebuttal to citizen comments. He reviewed efforts to engage the community and provide studies and reports; changes to the site plan; and the decommissioning bond. In response to Mr. Carroll's question relative to the decommissioning bond, Mr. Gonzalez stated the net present value includes a 25 percent buffer on labor cost as well as a three percent depreciation rate. Mr. Carroll inquired about what assurances could be given that the buffer would shield the view from the road. 09/25/2024 Page 37 of 63 Mr. Gonzalez stated the assurances that could be put in place were compliance with the zoning ordinance requirements as well as the increased density required for some commercial uses. He further stated proper maintenance, proper planning, and ensuring that they reach desired density would properly conceal the view shed. There being no one else to speak to the issue, the public hearing was closed. Mr. Carroll inquired of Mr. Saunders if he was confident that the view would eventually be blocked from people driving by. Mr. Saunders stated the requirements in the ordinance for the road buffer are intended to fully screen from the road, and the applicant is not seeking any relief from that requirement. In response to Mr. Carroll's question relative to whether the panels rotate with the sun and track from east to west, Mr. Saunders answered affirmatively. Mr. Carroll stated any glare from the panels would not necessarily point south, but rather east to west. Mr. Ingle stated he would like to see an imposed condition that, in the event the current buffer does not shield the view from Hickory Road, the applicant would install additional plantings to assure that happens. Mr. Carroll inquired of Mr. Saunders if staff would need that condition imposed in order to be able to enforce what Mr. Ingle suggested. Mr. Saunders stated he was confident with the requirement that it would be fully screened, but he encouraged inclusion of the condition if it would make the Board feel more confident. Mr. Justin Vandenbroeck, appearing on behalf of ESA, discussed establishing a timeline for plant growth. Mr. Ingle stated he was less concerned about people driving by and more concerned about the neighbor. He asked Mr. Vandenbroeck to agree that if additional plants are needed, they would be willing to add those plants. Mr. Vandenbroeck stated they could work in good faith on that. He clarified that currently there is no residence on the primary parcel referenced by Ms. Harper. Ms. Schneider expressed concerns over who determines there are not enough plantings and how long would ESA be required to keep coming back. Mr. Holland stated it was his impression that staff thinks it is adequate. 09/25/2024 Page 38 of 63 Mr. Carroll stated staff has assured him they are confident they can enforce the ordinance and the conditions in the report. In response to Mr. Carroll's question relative to fencing, Mr. Vandenbroeck stated they often leave them open for wildlife passage. On motion of Mr. Carroll, seconded by Ms. Schneider, the Board approved Case 24SN1097, subject to the following conditions: Conditions 1. Conceptual Plan. Development of the Property shall generally conform to the Conceptual Plan (Exhibit A), titled “ESA Hickory Road Solar Farm – SITE PLAN”, prepared by Uneclipsed Energy last revised May 31, 2024, with respect to the general layout of access points, anticipated location of transmission lines and other utility connections, general location of solar equipment and supplementary facilities to be placed on site, and buffers. The layout on the Conceptual Plan is conceptual in nature and may vary based on the site plan depending on final engineering and environmental studies or as otherwise approved by the Planning Commission at the time of plans review. (P) 2. Gravel Access Drives. The surface treatment for access drives shall be either asphalt or gravel. Any gravel drive shall be well-graded crushed run aggregate (21B or equivalent) in lieu of pavement. All drives shall be designed to meet minimum access requirements for emergency equipment. (P & F) 3. Setbacks. The minimum setback between the operational area, as defined in the Zoning Ordinance, and the eastern and western property lines shall be one hundred (100) feet. The minimum setback between the operational area and all other property lines shall be as specified in the Special Limitations for Specific Uses in Sec. 19.1-52 of the Zoning Ordinance. (P) 4. Buffers. The minimum buffer width between the eastern and western property lines and the operational area, as defined in the Zoning Ordinance, shall be one fifty (50) feet. The minimum buffer width between all other property lines and the operational area shall be as specified in the Special Limitations for Specific Uses in Sec. 19.1-52 of the Zoning Ordinance. Buffers shall comply with the requirements of Perimeter Landscaping C and the requirements of buffers in the Zoning Ordinance. (P) 5. Dedication. Prior to any final site plan approval or within sixty (60) days of a written request by the County, whichever occurs first, forty- five (45) feet of right of way along the north side of Hickory Road, measured from the centerline of the road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the 09/25/2024 Page 39 of 63 benefit of Chesterfield County. (T) 6. Road Improvement. In conjunction with initial development of the solar facility, the owner/developer shall be responsible for relocating the existing ditch to provide an eight-foot (8’) unpaved shoulder, with any modifications approved by the Transportation Department, for the entire property frontage. (T) 7. Public Liaison. The applicant will designate a person who will act as a point of contact between citizens and construction crews (“Public Liaison”). The contact information for the Public Liaison will be posted at each access point, as published on the Project’s website, and provided to Chesterfield County staff. (P) 8. Fencing. A woven wire fence, a minimum of eight (8) feet tall, shall be permitted to secure the project area. (P) 9. Landscaping. For any landscaped areas, priority shall be given to the use of native plant materials as identified in the Chesterfield County Plant Material List and as approved by the Planning Department at the time of site plan approval. Virginia native grasses shall be used for permanent ground cover and supplemented with pollinator- friendly species. (P) Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 3. 23SN0095 - Woodpecker Road Solar Facilities - Matoaca In Matoaca Magisterial District, Woodpecker Road Solar Facilities is a request for conditional use to permit a large scale solar energy facility plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in Agricultural (A) and Residential (R-9) Districts on 124.52 acres fronting approximately 50 feet on the west line of Woodpecker Road, 425 feet south of Ettrick Landing Drive. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax IDs 789-619-4223; 790-616-Part of 9556; 790-618-0133 and 9437; 791-617-Part of 8164 and 792-616-8597. Mr. Joe Feest provided the Board with an overview of Case 23SN0095. He stated the Planning Commission recommended approval, but staff continues to recommend denial. Mr. Holland called for public comment. Mr. Bryan Jake-Schoffman with RWE appeared on behalf of the applicant. He provided the Board with additional information about the case. He discussed neighbor outreach and feedback; all-terrain solar trackers, and project benefits. Mr. Patrick Brueggemann spoke in support of the case. 09/25/2024 Page 40 of 63 Ms. Chloe Hodges appeared on behalf of her colleague, Blake Cox, who is in support of the project. Mr. John Upton spoke in support of the project and stated solar farms make good neighbors. Mr. Kerry Hutcherson appeared on behalf of some landowners whose properties are to the west. He stated his clients are benefited by an access easement that has existed since the 1880s, and they are working through some specifics of how to preserve the access while also allowing the solar facility to move forward. Mr. Jim Whelan spoke in support of the project. Mr. Brennan Miller spoke in support of the project. Mr. Stan Birch, one of the landowners who has the easement, stated he is for the project as long as the 30-foot easement and 15-foot driveway are adhered to. Mr. Jerry Turner stated he wants to make sure the county is not on the hook in 25 years to clean up the facility. In response to Mr. Carroll's question relative to the decommissioning bond, Mr. Jake-Schoffman stated he did not have the exact figure, but it is closer to $300,000 with a contingency plan of 25 percent, an adjustment for inflation, and a check every five years from a PE-licensed engineer by the DEQ and state who has to verify their numbers and valuations for net present value. There being no one else to speak to the issue, the public hearing was closed. Mr. Carroll reviewed the zoning history of the property, which is now zoned Agricultural (A). He stated his motion would be to approve Case 23SN0095 subject to the replacement of Condition 4, and then he would support all of the conditions. He further stated Condition 4 would read as follows: Prior to site plan approval, the Applicant shall provide a permanent access easement appurtenant to those three parcels identified as GPINs 7876185596, 7886190260, and 7886202413 that provides ingress and egress between those three parcels and the Property's access point to Woodpecker Road (the "Access Easement"). The Access Easement shall have a width of up to thirty (30) feet to provide for a private access road with a width of up to fifteen (15) feet in width. The private access road shall not be deemed a "drive aisle." The Access Easement and private access road may encroach as much as twenty (20) feet into the 100-foot buffer described in Condition 8 and shown on Exhibit A. Nothing herein shall prevent the Applicant and the owners of those three parcels identified as GPINs 7876185596, 7886190260, and 7886202413 from agreeing on an alternative route to grant the Access Easement or a smaller encroachment into the 100-foot buffer. The 09/25/2024 Page 41 of 63 Access Easement route shall be delineated on the approved final site plan. Mr. Jake-Schoffman stated the applicant agreed with the condition. On motion of Mr. Carroll, seconded by Ms. Schneider, the Board approved Case 23SN0095, subject to the following conditions: Conditions 1. Uses. The large-scale solar facility (“the facility”) shall be limited to the portion of the Property zoned Agricultural District. Uses permitted on the Property shall be those uses permitted by-right or with restrictions in the Agricultural District. In addition, a large-scale solar facility may also be permitted subject to the following conditions of this zoning request. (P) 2. Conceptual Plan. Development of the Property shall generally conform to the Conceptual Plan (Exhibit A), titled “Woodpecker Road Solar Facility - Conceptual Plan”, prepared by VHB last revised July 22, 2024, with respect to the general layout of access points, anticipated location of transmission lines and other utility connections, general location of solar equipment and supplementary facilities to be placed on site, and buffers. The layout on the Conceptual Plan is conceptual in nature and may vary based on the site plan depending on final engineering and environmental studies or as otherwise approved by the Planning Commission at the time of plans review. (P) 3. Gravel Access Drives. The surface treatment for access drives shall be either asphalt or gravel. Any gravel drive shall be well-graded crushed run aggregate (21B or equivalent) in lieu of pavement. All drives shall be designed to meet minimum access requirements for emergency equipment. (P & F) 4. Access Easements. Prior to site plan approval, the Applicant shall provide a permanent access easement appurtenant to those three parcels identified as GPINs 7876185596, 7886190260, and 7886202413 that provides ingress and egress between those three parcels and the Property's access point to Woodpecker Road (the "Access Easement") . The Access Easement shall have a width of up to thirty (30) feet to provide for a private access road with a width of up to fifteen (15) feet in width. The private access road shall not be deemed a "drive aisle." The Access Easement and private access road may encroach as much as twenty (20) feet into the 100-foot buffer described in Condition 8 and shown on Exhibit A. Nothing herein shall prevent the Applicant and the owners of those three parcels identified as GPINs 7876185596, 7886190260, and 7886202413 from agreeing on an alternative route to grant the Access Easement or a smaller encroachment into the 100-foot buffer. The Access Easement route shall be delineated on the approved final site plan.(P) 09/25/2024 Page 42 of 63 5. Dedication. Prior to any final site plan approval or within sixty (60) days of a written request by the County, whichever occurs first, forty- five (45) feet of right of way along the west side of Woodpecker Road, measured from the centerline of the road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 6. Public Liaison. The applicant will designate a person who will act as a point of contact between citizens and construction crews (“Public Liaison”). The contact information for the Public Liaison will be posted at each access point, as published on the Project’s website, and provided to Chesterfield County staff. (P) 7. Landscaping. For any landscaped areas, priority shall be given to the use of native plant materials as identified in the Chesterfield County Plant Material List and as approved by the Planning Department at the time of site plan approval. Virginia native grasses shall be used for permanent ground cover and supplemented with pollinator- friendly species. (P) 8. Enhanced Setback & Buffer. The facility and any associated drive aisles shall be setback a minimum of 150 feet from the shared property line with GPIN 787- 617-9329. In addition, a 100 foot buffer shall also be provided with the required setback as shown on Exhibit A. (P) Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 4. 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 facility and recreational equipment parking and storage and amendment of zoning district map 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. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use. Tax ID 726-656-4760. Mr. Feest provided the Board with an overview of Case 23SN0114. He stated the Planning Commission and staff recommended approval, subject to the conditions in the staff report. In response to Ms. Schneider's question relative to tent camping, Mr. Feest stated tent camping would be allowed to the rear of the property, just tents, and chaperoned. Mr. Carroll added that tent camping would be for Collington residents only, and Mr. Feest concurred. 09/25/2024 Page 43 of 63 Mr. Holland called for public comment. Mr. Will Shewmake, appearing on behalf of the applicant, provided the Board with additional information about the case. He discussed amendments made to the case following the community meeting held on March 14, 2024, and following the deferral at the August 24, 2024, Board of Supervisors meeting. In response to Mr. Ingle's question relative to the proffered conditions being in the advertisement, Mr. Shewmake stated all of the proffered conditions were included before the advertisement went out. Ms. Inez Costa-Clubb expressed concerns relative to RV (recreational vehicle) boat storage, trailer parking, the number of vehicles in a small area, and the impact on residents in Brandy Oaks. Mr. Shewmake provided a rebuttal. He stated the applicant would be improving the aesthetics along Hensley Road with 50-foot landscaping and fencing. He further stated there is ample room in the front where there is already gravel to have 35 vehicles. He stated with the 100-foot buffer, they are not going to be seen by anyone in Brandy Oaks. He further stated they took out uses they thought would have an impact, and that serves a very valuable purpose not only to Collington but the greater community. He stated it is not going to impact them given the buffers they put in. There being no one else to speak to the issue, the public hearing was closed. Discussion ensued relative to what would happen to the land if the HOA (homeowners' association) were to sell it. Mr. Carroll inquired of Mr. Shewmake if the applicant would consider making the zoning nontransferable if it sells the land. The Board took a brief recess while Mr. Shewmake contacted his client. Upon reconvening, Mr. Shewmake stated the applicant had no problem with Mr. Carroll imposing the condition that the zoning is nontransferable. Mr. Carroll made a motion, seconded by Mr. Holland, for the Board to approve Case 23SN0114 subject to the conditions in the staff report and an imposed condition that the CUPD is non-transferable. Mr. Carroll provided an explanation for conditional use permits and how a conditional use can be pulled for noncompliance. In response to Ms. Schneider's question relative to who would be managing the property, Mr. Carroll stated it would be managed by the HOA. 09/25/2024 Page 44 of 63 Mr. Holland called for a vote on Mr. Carroll's motion, seconded by Mr. Holland, for the Board to approve Case 23SN0114 subject to the following conditions and one imposed condition: Conditions 1. Conceptual Plan. Development of a neighborhood recreational facility (the “Facility) shall generally conform to the Conceptual Plan titled “Collington Neighborhood Recreational Facility Plan”, dated June 24, 2024 (Exhibit A) with respect to the general location of uses (“Areas”), buffers and tree retention areas. The Area limits may be modified provided their relationship with other Areas and adjacent properties shall be generally maintained. (P) 2. Use of Facility. The Facility shall primarily serve the residents of the Collington Subdivision and their guests and will not be open to the general public for commercial purposes. Nothing herein shall preclude the Collington Homeowners’ Association from charging fees to residents who may use this facility. (P) 3. Types of Facility Uses. Use of the Property for a neighborhood recreational facility shall be limited to the following active and passive amenities. Provided, however, other recreational uses of the same general characteristics as those listed herein may be allowed as determined by the Director of Planning in consideration of impacts on neighboring residential properties. Further, permitted recreational uses shall not include swimming pools: a. Play fields. b. Play courts. c. Miniature golf. d. Dog park. e. Community garden. f. Picnic pavilions. g. Tent camping for Collington youth, their chaperons and guests, limited to two (2) events per year and two (2) nights per event. Each event shall be chaperoned by adults. h. Recreational vehicle and boat storage. i. Walking trails. (P) 4. Sporting Events. The Facility shall not be used for sports tournaments other than those events primarily serving the Collington neighborhood. (P) 5. Recreational Vehicle and Boat Storage. a. Use of the storage area shall be limited exclusively to residents of the Collington Subdivision. b. Access to the storage area shall limited to between the hours of 6:00 a.m. and 9:00 p.m. c. No vehicle repair or maintenance shall be permitted. d. All stored recreational equipment shall 09/25/2024 Page 45 of 63 be operational and properly licensed. No inoperable or junk vehicle storage shall be permitted. e. Any discharge from recreational equipment, including but not limited to, wastewater (effluent), oil, or other engine fluids/lubricants shall be prohibited. f. A combined maximum of thirty-five (35) recreational vehicles and boats shall be permitted in the storage area at any given time. g. No overnight stay shall be permitted within any recreational vehicle located in the storage area. h. The recreational vehicle and boat storage area shall be secured with fencing a minimum of six (6) feet in height, and a gate. The exact treatment and height of this fencing shall be determined at the time of site plan approval, provided that the fencing located along West Hensley Road shall consist of an opaque design made from vinyl or other composite materials. (P) 6. Public Address System. Public address systems shall not be permitted. (P) 7. Lighting. Exterior lighting for use of the Facility during overnight hours shall not be provided except where security lighting is provided. (P) 8. Buffers. A fifty (50) foot buffer shall be provided along West Hensley Road and a seventy-five (75) foot buffer shall be provided along all property lines adjoining residential uses, except as noted herein. These buffers shall comply with the requirements of the Ordinance for fifty (50) foot and seventy-five (75) foot buffers respectively. Provided, however, a 100-foot buffer shall be established between any recreational vehicle storage area and property lines adjoining residential uses with such buffer complying with the requirements of the Ordinance for one-hundred (100) foot buffers. Except for the removal of noxious vegetation or vegetation that is dead, diseased or dying, removal of vegetation within these buffers shall be prohibited. No buffer shall be required along that portion of the property which is contiguous to GPIN 727-657-9945 (Richmond Kickers Soccer Facility.) (P) 9. Public Water. The public water system shall be used for all non-residential structures requiring domestic potable water service. (U) 10. Access. Direct vehicular access from the Property to West Hensley Road shall be limited to one (1) entrance/exit with the exact location of this access approved by the Transportation Department. (T) 11. Development Standards. Development of the Property for a neighborhood recreational facility shall comply with the building and parking setback requirements of the Emerging Growth District for O and C Districts. (P) Imposed Condition 09/25/2024 Page 46 of 63 12. Non-Transferable Ownership. This conditional use approval shall be granted to and for Collington Homeowners Association, exclusively, and shall not be transferable nor run with the land. (P) Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 18. Public Hearings A. To Consider an Application Filed by TFC for a Solid Waste Transfer Facility on Old Stage Road Mr. Stephen Donohoe introduced the public hearing for the Board to consider an application filed by TFC for a Solid Waste Transfer Facility on Old Stage Road (24A71020). He reviewed the process for Article VII review and approval. He stated staff recommended approval. Discussion ensued relative to DEQ (Department of Environment Quality) review. Mr. Holland called for public comment. Ms. Renae Eldred expressed concerns relative to dirt on the roadway from the facility. In addition, she stated the facility should not smell. Mr. Donohoe stated there are two conditions in the conditional use that the Board approved earlier (23SN0089) that address Ms. Eldred's concerns. Discussion ensued relative to whether a suitability form needs to be completed for this type of facility. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Mr. Ingle, the Board approved application 24A71020 for solid waste management facility siting filed by TFC (Tidewater Fibre Corporation) Recycling for siting approval of a solid waste management facility, specifically a municipal solid waste transfer facility, at 12200 and 12300 Old Stage Road. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. B. To Consider Conveyance of Easements to Verizon Virginia LLC Ms. Lynn Snow, Real Property Manager, introduced the public hearing to consider conveyance of two easements to Verizon Virginia LLC across property in Point of Rocks Park. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. 09/25/2024 Page 47 of 63 On motion of Mr. Carroll, seconded by Dr. Miller, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Verizon Virginia LLC for underground easements 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 Ms. Snow introduced the public hearing to consider conveyance of an underground easement to Virginia Electric and Power Company at Elizabeth Davis Middle School. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Mr. Carroll, 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 an underground easement across the Elizabeth Davis Middle School site. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. D. To Consider the Vacation of a Portion of a 16' Drainage Easement Across Lot 25, Reedy Springs Subdivision, Section A Ms. Snow introduced the public hearing to consider the vacation of a portion of a 16' drainage easement across Lot 25, Reedy Springs Subdivision, Section A. 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 Mr. Ingle, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA ("GRANTOR") vacates to ROGER S. MOORE and PATRICIA BOTTS-MOORE, husband and wife, ("GRANTEE") a portion of a 16’ drainage easement across Lot 25, Reedy Springs Subdivision, Section “A”, DALE Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office, Circuit Court, Chesterfield County, Virginia in Plat Book 273, at Pages 2-6. WHEREAS, Roger S. Moore and Patricia Botts-Moore petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 16’ drainage 09/25/2024 Page 48 of 63 easement across Lot 25, Reedy Subdivision, Section “A”, DALE Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 273, Pages 2-6, by Balzer & Associates, dated November 27, 2019. The portion of easement petitioned to be vacated is more fully described as follows: A portion of a 16’ drainage easement, across Lot 25, Reedy Springs Subdivision, Section “A”, the location of which is more fully shown on the attached sketch, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office, Circuit Court, Chesterfield County, Virginia pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the portion of easement hereby vacated in the property owner of Lot 25, within Reedy Springs Subdivision, Section “A” free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the GRANTOR and GRANTEE, or their successors in title. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. E. To Consider the Vacation of 8' Side Yard Easements in Woolridge Landing, Section 3 Ms. Snow introduced the public hearing to consider the vacation of 8' side yard easements in Woolridge Landing, Section 3. Mr. Holland called for public comment. 09/25/2024 Page 49 of 63 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 whereby the COUNTY OF CHESTERFIELD, VIRGINIA ("GRANTOR") vacates to LARRY HARRELL and SANDRA HARELL, STYLE CRAFT HOMES INC. OF VIRGINIA, a Virginia Corporation, and CHRISTIE RUDICH ("GRANTEES") 8’ easements across Lots 1, 13, 14, 17, 18, and 29, Woolridge Landing Subdivision, Section 3, MATOACA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office, Circuit Court, Chesterfield County, Virginia in Plat Book 308, at Page 75-80. WHEREAS, Woolridge Development LC, a Virginia limited liability company and Style Craft Homes Inc. of Virginia, a Virginia Corporation, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate 8’ easements across Lot 1, 13, 14, 17, 18 and 29, Woolridge Landing Subdivision, Section 3, MATOACA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 308, Page 75-80, by Balzer & Associates, dated April 18, 2023. The easements petitioned to be vacated are more fully described as follows: 8’ easements, across Lot 1, 13, 14, 17, 18, and 29, Woolridge Landing Subdivision, Section 3, the location of which are more fully shown on a plat made by Balzer & Associates, titled Compiled Exhibit Showing Portions of 8’ Easements to be vacated across Lots 1, 13, 14, 17, 18, & 29 in Woodridge Landing Section 3, dated August 7, 2024, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the easements sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto 09/25/2024 Page 50 of 63 shall be recorded no sooner than thirty days hereafter in the Clerk's Office, Circuit Court, Chesterfield County, Virginia pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the easement hereby vacated in the property owners of Lots 1, 13, 14, 17, 18, and 29, within Woolridge Landing Subdivision, Section 3 free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the GRANTOR and GRANTEE, or their successors in title. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 19. Fifteen-Minute Citizen Comment Period on Unscheduled Matters Mr. Jerry Turner addressed the Board relative to developers trying to subdivide smaller lots and add additional houses. Ms. Janice Caldwell addressed the Board relative to nuclear power as a cleaner option; ditches; drainage; and sidewalks. 20. Adjournment A. Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors On motion of Dr. Miller, seconded by Ms. Schneider, the Board adjourned at 10:15 p.m. to interviews for Police Chief on October 4, 2024, beginning at 8 a.m. in Room 502 of the County Administration Building, to then adjourn to the VCU Real Estate Trends Conference on October 10, 2024, beginning at 7:30 a.m. at the Henrico Sports & Events Center, to then adjourn to the Greater Richmond Continuum of Care Regional Summit on Homelessness on October 10, 2024, at 4 p.m. at the Westin-Richmond, to then adjourn to the Board of Supervisors Plaque Unveiling on October 23, 2024, at 10 a.m. at the Beulah Recreation Center, to then adjourn to the regularly scheduled Board of Supervisors meeting on October 30, 2024, at 2 p.m. in Room 502 of the County Administration Building. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. __________________________ ___________________________ Joseph P. Casey James M. Holland County Administrator Chairman 09/25/2024 Page 51 of 63 Citizen Comments Received Through the Comment Portal September 25, 2024 Board of Supervisors Meeting Comment Type Comment Name District Unscheduled matter Subject: Why does Dominion get preferential treatment? hollandj@chesterfield.gov Dear Supervisor Holland, The residents of Chesterfield County deserve a hearing and a vote on Dominion Energy’s dirty gas power plant. I do not understand how such a massive energy project with all the air pollution it will spew can be approved by the county without any public discussion by our Board of Supervisors. This inaction by the Board raises serious questions whether Dominion Energy is unfairly getting favorable treatment when an ordinary resident may be subjected to a hearing if they want to build an oversized garage in their backyard. This makes no sense. Duane Brankley Bermuda Unscheduled matter The residents of Chesterfield County deserve a hearing and a vote on Dominion Energy’s dirty gas power plant. I do not understand how such a massive energy project with all the air pollution it will spew can be approved by the county without any public discussion by our Board of Supervisors. This inaction by the Board raises serious questions whether Dominion Energy is unfairly getting favorable treatment when an ordinary resident may be subjected to a hearing if they want to build an oversized garage in their backyard. This makes no sense. On September 25th, I expect the board to announce that it will schedule a hearing and a vote on Dominion’s dirty gas plant. Melinda Lewis Midlothian 09/25/2024 Page 52 of 63 Comment Type Comment Name District Unscheduled matter I respectfully urge the Board to have a hearing and a vote on the proposed gas plant. If we truly care about Chesterfield’s citizens and health of our environment, we need to have, at the very least, a public hearing. You have a mass of citizens who have educated themselves on the dangers of this plant and we urge you to do the same. Rebekah Kusterbeck Clover Hill Unscheduled matter Dear Supervisor Holland, One of the most daunting challenges in the fight against climate change is that it's easy to dismiss the slow moving, happens-to- other-people narrative. Sure there are fires and floods, but they are not happening in Chesterfield County, whereas the need for reliable electricity is ever-present. Sadly, that doesn't help with the fact that the impact of the changing climate -- slow though it may seem -- is of a magnitude well beyond the experience most of us have with modern life. Climate change promises the end of life as we know it -- certainly for our kids and grandkids, but most likely for ourselves as well. This is where courageous leadership comes in, and where the Chesterfield Board of Supervisors risks going down as a gathering of cowards. As many residents of Chesterfield have pointed out repeatedly at hearings, citizens deserve a hearing and a vote on Dominion Energy’s dirty gas power plant. In this country, the public gets a voice in matters that affect their well-being, and here is your chance to respond appropriately to that voice. Dominion Energy is collecting favors denied to ordinary citizens. At your meeting on September 25th, I expect the board to announce that it will schedule a hearing and a vote Thomas Beach Bermuda 09/25/2024 Page 53 of 63 Comment Type Comment Name District on Dominion’s dirty gas plant. Sincerely, Tom Beach Unscheduled matter Chesterfield County needs to have a zero tolerance policy towards Route 60's lack of pedestrian infrastructure. In that it has been having a lot of pedestrian deaths lately due to Route 60's lack of sidewalks and streetlights and crosswalks. And Chesterfield County could easily use funds from all the new data centers being built in the county to crank up building sidewalks along it's pedestrian death hotpots such as Hull Street Route 60 and Route 1. A example is Powhatan County is looking at getting one data center and it will raise $17 million by itself but Chesterfield is getting several new data centers so one data center would triple funding for sidewalks which is currently at 6 million. Or it could take some funding from the Powhite Parkway Extension which is getting $150 million for 2 miles and 350 million for nothing but roads from a road funding bond. But it's at the point there should be no excuse for no sidewalks or crosswalks construction along Route 60 and other major roads. Carl Schwendeman Midlothian Zoning case - 23SN0062 - Caliber Collision Boulders – Midlothian Chesterfield County needs to ask for a new sidewalk along Route 60 and Boulders Parkway. In that the current proposed buffer landscaping with no sidewalk along Route 60 will force pedestrians into the shoulder of Route 60 with the traffic. Carl Schwendeman Midlothian Zoning case - 23SN0041 - North Hallsley - Midlothian Chesterfield County needs to ask North Hallsley to build a new sidewalk along all of Old Hundred Road from the old opening of Hallsley to the new opening of Hallsley. Due to the strange layout of the lot of land that only touches Carl Schwendeman Midlothian 09/25/2024 Page 54 of 63 Comment Type Comment Name District Old Hundred Road at two tips of it but yet the land follows Old Hundred Road and will house a lot of houses in it at 300. Unscheduled matter I strongly feel that The residents of Chesterfield County deserve a hearing and a vote on Dominion Energy’s dirty gas power plant. Dominion Energy has repeatedly stated that this gas plant is needed to serve the electricity demands of data centers mostly concentrated in Northern Virginia. Why should we see our electric bills increase to subsidize some of the richest and biggest tech firms in the world? As county leaders, you have an opportunity to keep our bills from rising and ensure Dominion doesn't build this dirty gas plant in our backyard. Paul Price Matoaca Unscheduled matter Chairman Holland, Members of the Chesterfield Board of Supervisors: All of us need to take responsibility for addressing climate change, and the Chesterfield County Board of Supervisors may take responsibility by denying a permit for Dominion Energy's CERC. As you should know, the attorney for Friends of Chesterfield is of the opinion that the 2010 conditional use granted Dominion Energy is not a carte blanche for a new gas plant 14 years later. It makes no sense. We are waiting on the Planning Department to respond to a July 24, 2024 attorney's letter requesting written zoning certification on the 500 Coxendale Road site challenging the validity of the county administration's position that Dominion has the required zoning. Neither does it make sense Glen Besa Dale 09/25/2024 Page 55 of 63 Comment Type Comment Name District that a resident building an oversized garage in their backyard has to have a hearing, but a 1000 MW heavily polluting gas plant gets a pass. That appears to be preferential treatment to a powerful, politically influential corporate monopoly. Methane is a potent climate pollutant, and the more we use, the more that leaks into the atmosphere worsening climate change. This summer was the hottest on record and it seems like every year is a new record. Dominion Energy may be inclined to put profit over the well being of the people, but as elected officials you have a greater responsibility to represent Chesterfield residents and protect us from pollution. With the disproportionate impacts of this project on a neighboring predominantly lower income community of color, the people of Chesterfield County have a right to be heard regardless of whatever advice you may be getting from county staff who work for you. A VA DEQ hearing on an air pollution permit is no substitute for county decision making on zoning and suitability. This methane burning powerplant does not make sense economically either if one accounts for the social costs of carbon pollution as calculated by the US EPA. That cost is over $190 per ton of CO2. That means that the CERC emitting 2.2 million tons of CO2 per year shifts costs of over $400 million per year onto the public. That does not include the cost of building this gas plant that will show up on our electric bills as we are asked to subsidize the electricity needs of tech firms which are the richest corporations in the world. 09/25/2024 Page 56 of 63 Comment Type Comment Name District How is that fair to your constituents? We deserve a hearing on the zoning and suitability of this site. It's just that simple. Sincerely, Glen Besa Unscheduled matter Dear Supervisor Holland, The residents of Chesterfield County deserve a hearing and a vote on Dominion Energy’s dirty gas power plant. Our neighbors who live especially close to the proposed gas plant have endured almost eighty years of toxic air pollution from Dominion’s coal plant which was just retired last year. Why should they, why should all of us be subjected to another 30 or 40 years of toxic air pollutants from this gas plant when Dominion Energy can invest in solar, wind, energy storage and efficiency to meet our future energy needs. On September 25th, I expect the board to announce that it will schedule a hearing and a vote on Dominion’s dirty gas plant. Whitney McCrum- Morrison Bermuda Unscheduled matter Subject: Don’t let Dominion raise our electric bills for a new gas plant hollandj@chesterfield.gov Dear Supervisor Holland, The residents of Chesterfield County deserve a hearing and a vote on Dominion Energy’s dirty gas power plant. Dominion Energy has repeatedly stated that this gas plant is needed to serve the electricity demands of data centers mostly concentrated in Northern Virginia. Why should we see our electric bills increase to subsidize some of the richest and biggest tech firms in the world? As county leaders, you have an opportunity to keep our bills from rising and ensure Dominion doesn't build this dirty gas plant in our Duane Brankley Bermuda 09/25/2024 Page 57 of 63 Comment Type Comment Name District backyard. On September 25th, I expect the board to announce that it will schedule a hearing and a vote on Dominion’s dirty gas plant. Sincerely, Duane Brankley Unscheduled matter The residents of Chesterfield County deserve a hearing and a vote on Dominion Energy’s dirty gas power plant. I do not understand how such a massive energy project with all the air pollution it will spew can be approved by the county without any public discussion by our Board of Supervisors. This inaction by the Board raises serious questions whether Dominion is unfairly getting favorable treatment when an ordinary resident may be subjected to a hearing if they want to build an oversized garage in their backyard. Dominion has acknowledged that this gas plant is mostly needed to serve the electricity demands of data centers, largely located in Northern VA. Why should we see our electric bills increase to subsidize some of the richest and biggest tech firms in the world? As county leaders, you have an opportunity to keep our bills from rising and ensure Dominion doesn't build this dirty gas plant in our backyard. Our neighbors who live especially close to the proposed gas plant have endured almost 80 years of toxic air pollution from Dominion’s coal plant which was just retired last year. Why should they, and all of us, be subjected to another 30-40 years of toxic air pollutants from this gas plant when Dominion can invest in solar, wind, energy storage and efficiency to meet our future energy needs. The Virginia DEQ requires Elysia Reed Bermuda 09/25/2024 Page 58 of 63 Comment Type Comment Name District counties to determine the suitability of major pollution sources like this gas plant in local communities before it will grant an air pollution permit. Chesterfield has greenlighted this gas plant without determining the suitability of the site and its impact on the surrounding community of largely lower income and people of color. Dominion’s gas plant raises serious questions related to environmental justice that our county has an obligation to consider in determining if this site is suitable. There are also serious questions whether Dominion has necessary zoning approval for this gas plant. Under the VA Clean Economy Act, Dominion Energy is supposed to phase out its reliance on gas and coal fired power plants by 2045 to address climate change. This new gas plant with an expected operational lifespan through 2060 and beyond is inconsistent with that law. With all the concerns raised by residents regarding this gas plant, why is the county signing off on this project that raises serious questions as to its compliance with state law? Residents deserve to have their concerns heard by their supervisors in a county public hearing. Unscheduled matter Subject: Dominion Energy's proposed gas plant Dear Supervisor Holland, The residents of Chesterfield County deserve a hearing and a vote on Dominion Energy’s dirty gas power plant. The Virginia Department of Environmental Quality requires counties to determine the suitability of major pollution sources like this gas plant in local communities before it will grant an air pollution permit. Chesterfield County Alisa Booze Troetschel Dale 09/25/2024 Page 59 of 63 Comment Type Comment Name District has greenlighted this gas plant without determining the suitability of the site and its impact on the surrounding community of largely lower income and people of color. Dominion’s gas plant raises serious questions related to environmental justice that our county has an obligation to consider in determining if this site is suitable. Friends of Chesterfield has also raised serious questions whether a Dominion has necessary zoning approval for this gas plant. Chesterfield County residents deserve a hearing and a vote on both the zoning and the suitability of this gas plant. On September 25th, I expect the board to announce that it will schedule a hearing and a vote on Dominion’s dirty gas plant. Cordially, Alisa Booze Troetschel Zoning case - 23SN0114 – Collington Neighborhood Recreational Facility – Matoaca REGARDING: CASE 23sn0114- I emailed my concerns to this address for the July planning meeting, but they were not read or addressed. It was acknowledged but not addressed. I was at the August meeting but the case was deferred until 9/25. I will be out of the country that date, so I called one of the Board members to discuss the case and left a message, but never heard back from him. There hasn't been a lot of Brandy Oaks people in attendance, and I have to wonder if it's because they're discouraged because no one seems to care and they feel that it's a done deal. Nevertheless, my concerns are: 1. There are 17+ acres for that property, so why can't the RV storage area be located far enough back from the road so it cannot be seen from Hensley road? That would also eliminate the problem of being adjacent to the Velma Brown Matoaca 09/25/2024 Page 60 of 63 Comment Type Comment Name District neighboring properties. 2. Collington said they will put a fence around the storage area that will be a minimum of six feet high, which obviously mean they will settle for the least expensive and make the fence six feet. Upon further research, I find that the average RV is seven to twelve feet high, so the vehicles will be in plain sight. Can they make it 12? 3. As it stands now, the property is not maintained, but the legal counsel for Collington said at the July meeting that the proposed facility will benefit Brandy Oaks residence because it will be maintained as a requirement of a Chesterfield County code. Collington has owned this property for nine years and it has never been properly maintained. That being said, how can we trust Collington to adhere to that code, since they never have, and Collington residence are not impacted at all, This code has never been enforced, so who will enforce this now? 4. At the last meeting, a Brandy Oaks Board member talked about the environmental hazard from possible leaking vehicles which is a great concern. Should this occur Collington won't be concerned because it's not near their homes and families. Brandy Oaks residence won't have access to the property, so we can't report the issue, and who would we report it to? 5. I am not against the recreational facility, however I think it is so unfair that we have to contend with this RV storage eye sore while Collington reap the benefits with no negative impact. Move it away from our homes and the county road. Velma Brown Brandy Oaks Residence (Clerk note: this comment was 09/25/2024 Page 61 of 63 Comment Type Comment Name District received via email to the Planning Department.) Unscheduled matter Eryn Little continues to remain without Access to Education in simply, a Public School, and this begins year 3. Not only has the School Board lost Grant Funding already, due to non- compliance issues, there may be quite a bit more forthcoming. I have clear evidence of inappropriate, unethical, and unlawful collusions which created and have maintained this ongoing issue of illegally denying Access to Education to a scholar with disabilities. Unfortunately, some of the same verbiage, tactics, and massive resistance techniques seem to have infiltrated some of the departments in Chesterfield County, as is my understanding. Sadly, just like as with the School Board/School Division, there are quite likely 'happenings' in your organization as a County Government that 'bad actors' of course would not want to be exposed or shared with leadership positions. I would argue that it is imperative that Chesterfield County Board of Supervisors closely scrutinize Legal Invoicing attributable to Eryn Little billed to the School Board in your role as the 'provider and supervisory ownership of taxpayer funds, to infer how their expenditures with Sands Anderson and Blankingship & Keith Law are proper use of Taxpayer funding. Wendy Little (Eryn's Mom) Wendy Little Clover Hill 09/25/2024 Page 62 of 63 Carey L. Allen 5939 E Stonepath Garden Drive Chester, VA 23831 careyallen69@gmail.com 804-640-3510 September 24, 2024 Chesterfield County Board of Supervisors P.O. Box 40 Chesterfield, VA 23832 Dear Members of the Chesterfield County Board of Supervisors, I’m writing to express my support for the Woodpecker Road Solar project, an 8MW solar energy facility in the Matoaca District. This project presents a valuable opportunity to introduce clean energy to the area while preserving the district's rural character. The project, developed by RWE, a well-regarded company with national experience, has already been unanimously recommended for approval by the Planning Commission. Commissioner Tommy Owens noted that the solar facility is a reasonable development alternative for the property, ensuring minimal impact on the area's rural character. This solar project is a more sustainable and less disruptive option compared to a residential subdivision, which would increase traffic and strain public services like schools. Additionally, many neighboring residents are in favor of the project, recognizing solar energy as a practical alternative. I encourage the Board to approve this project, as it strikes a good balance between addressing our energy needs and maintaining the rural character of the Matoaca District. Thank you for your time and consideration. I look forward to your decision. Sincerely, Carey L. Allen 09/25/2024 Page 63 of 63