2024-10-30 MinutesBOARD OF SUPERVISORS MINUTES OCTOBER 30, 2024
October 30, 2024 Page 1 of 51
A video recording of this meeting may be viewed at
https://www.chesterfield.gov/244/Agendas-and-Minutes.
Supervisors in Attendance:
Mr. James M. Holland, Chair
Dr. Mark S. Miller, Vice Chair
Mr. James A. Ingle, Jr.
Ms. Jessica L. Schneider
Mr. Kevin P. Carroll
Dr. Joseph P. Casey
County Administrator
Mr. Holland called the meeting to order at 2 p.m.
1. Approval of Minutes
On motion of Ms. Schneider, seconded by Mr. Ingle, the
Board approved the minutes of the September 25, 2024,
Board of Supervisors meeting, October 4, 2024,
Interviews for Police Chief, and October 23, 2024,
Leadership Plaque Unveiling Ceremony, 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 - County Attorney's Office
County Attorney Jeff Mincks introduced Senior Deputy
County Attorney Julie Seyfarth, who was present to
receive the recognition. Mr. Mincks shared many
activities and initiatives in which Ms. Seyfarth has
participated in order to bring quality legal counsel
to many county departments, including Police, Fire and
EMS, Human Resources, and Risk Management. He
described her tireless efforts to work side-by-side
with her clients, understand their duties, and provide
guidance to improve their operations. He stated she
has a genuine concern for her clients and their well-
being. He shared many complimentary remarks from
personnel in the departments she serves. He stated she
is universally viewed as a leader inside and outside
the County Attorney's Office, and she genuinely
respects the people she works with.
Ms. Seyfarth expressed appreciation for the
recognition. She thanked her clients for teaching her
their jobs. She emphasized the importance of ensuring
employees are cared for.
Board members expressed appreciation for her
dedication and congratulated her for being recognized
October 30, 2024 Page 2 of 51
as the Everyday Excellence honoree.
4. Work Sessions
A. Sports, Visitation & Entertainment Annual Update
Mr. J.C. Poma, Executive Director of Sports,
Visitation and Entertainment, provided the Board with
an annual update. He stated the department's mission
is to enhance the quality of life for citizens and
diversify the economy through First Choice events,
experiences, and storytelling. He played a promotional
video on the activities and initiatives of the
department. He provided details of each of the
department's priorities and the associated efforts to
achieve results. He announced upcoming storytelling
campaigns, Restaurant Week, and Outdoor Fest. He
closed with opportunities in 2025, including a special
event portal, the Hidden Gem Series, Cole the Raccoon,
and a visitor guide.
Discussion and questions ensued relative to the
information provided during the presentation.
B. Economic Mobility Update
Deputy County Administrator Dr. James Worsley
introduced the work session and the speakers. He
played a promotional video from the International
City/County Management Association (ICMA) highlighting
the county's focus on workforce development and
financial literacy.
Ms. Kelly King Horne, Executive Director of Homeward,
discussed homelessness and themes of excellence in
service, focusing on the needs of people, and
intentionality. She provided details of what works to
solve homelessness.
Beth Vann-Turnbull, Executive Director of Housing
Families First, provided details of the Bringing
Families Home program, which bridges the gap by
supporting highly mobile, unstable, unhoused students
and their families who are referred by the Department
of Social Services, Chesterfield County Public
Schools, the regional housing resource line from
Partnership for Housing Affordability, and/or
Communities in Schools. She discussed the assistance
and services provided to these families.
Karen O'Brien, Chief Executive Officer of CARITAS,
provided statistics of services and supports provided
to Chesterfield residents in need. She expressed the
desire to continue the strong partnership with the
county.
Mr. Jovan Burton, Chair of the Greater Richmond
Continuum of Care (GRCoC), provided details of
strategies to reduce and prevent homelessness, which
are creation of a targeted prevention fund, investment
in permanent supportive housing, public support to
maintain service levels, and flexible funding.
Discussion and questions ensued relative to the
October 30, 2024 Page 3 of 51
information provided during the presentation.
C. Social Services Annual Update
Mr. Juan Santacoloma, First Vice President of the
Chesterfield-Colonial Heights Social Services Board,
expressed gratitude to the Board of Supervisors for
its support. He spoke very highly of Ms. Kiva Rogers,
Executive Director of the Department of Social
Services, and her team. He introduced Ms. Rogers to
provide the Board with the annual update.
Ms. Rogers shared highlights of staff accomplishments,
employee well-being and engagement, and FY2024
customer contacts. She discussed economic mobility
with a focus on shelter (prevention and housing),
employment, healthcare, and food. She provided details
of her participation in the American Public Human
Services Association Economic Mobility and Well-being
Conference. She closed by recognizing the many
community partners who collaborate with the department
to accomplish great things.
Discussion and questions ensued relative to the
information provided during the presentation.
D. Consent Agenda Highlights
Mr. Jesse Smith 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
There were no requests to address the Board at this
time.
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
October 30, 2024 Page 4 of 51
and Negotiating Strategy of the Public Body, 3)
Pursuant to § 2.2-3711(A)(29), Code of Virginia, 1950,
as Amended, 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, and 4) Pursuant to § 2.2-3711(A)(1), Code
of Virginia, 1950, as Amended, Relating to the
Performance of the County Attorney
On motion of Dr. Miller, seconded by Mr. Ingle, 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),
Code of Virginia, 1950, as Amended, 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, and 4)
Pursuant to § 2.2-3711(A)(1), Code of Virginia, 1950,
as Amended, Relating to the Performance of the County
Attorney.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
Reconvening:
On motion of Mr. Carroll, seconded by Ms. Schneider,
the Board adopted the following resolution:
WHEREAS, the Board of Supervisors has this day
adjourned into Closed Session in accordance with a
formal vote of the Board and in accordance with the
provisions of the Virginia Freedom of Information Act;
and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that
such Closed Session was conducted in conformity with
law.
NOW, THEREFORE BE IT RESOLVED, the Board of
Supervisors does hereby certify that to the best of
each member’s knowledge, i) only public business
matters lawfully exempted from open meeting
requirements under the Freedom of Information Act were
discussed in Closed Session to which this
certification applies, and ii) only such business
matters were identified in the motion by which the
Closed Session was convened were heard, discussed or
considered by the Board. No member dissents from this
October 30, 2024 Page 5 of 51
certification.
Mr. Ingle: Aye.
Ms. Schneider: Aye.
Mr. Carroll: Aye.
Dr. Miller: Aye.
Mr. Holland: Aye.
8. Recess for Dinner with the Chesterfield-Colonial Heights Social Services Board
On motion of Dr. Miller, seconded by Mr. Ingle, the
Board recessed for dinner with the Social Services
Board in Room 502.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
9. Invocation by the Honorable James M. Holland, Dale District Supervisor
The Honorable James M. Holland, Dale 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:
o A visit from Christmas Mother Cheri Searles to
kick off the 2024 program;
o An election update provided by General Registrar
and Director of Elections Missy Vera;
o An update on Domestic Violence Awareness Month
provided by Domestic and Sexual Violence Resource
Center Coordinator Lindsay Cassada;
o An announcement of Chesterfield Utilities' lead-
free status provided by Director George Hayes;
o An update on pedestrian safety and efforts to
provide fluorescent vests for pedestrians walking
on busy roads;
o An announcement of a new financial transparency
web page;
o An announcement of Grammy-nominated musician
Jelly Roll's visit to the county jail to meet
with HARP program participants;
o An announcement of the county's receipt of a
bronze Civic Experience Award awarded by
CivicPlus; and
o The reading of the following resolution sponsored
by Congresswoman Jennifer L. McClellan
recognizing Chesterfield upon its 275th
anniversary:
COMMEMORATING 275th ANNIVERSARY OF CHESTERFIELD COUNTY
HONORABLE JENNIFER L. MCCLELLAN OF VIRGINIA
IN THE HOUSE OF REPRESENTATIVES
October 30, 2024 Page 6 of 51
Ms. MCCLELLAN OF VIRGINIA. I rise today to
commemorate the 275th anniversary of the founding of
my hometown, Chesterfield County.
On May 8, 1607, Christopher Newport and a party of
Englishmen exploring what became known as the James
and Appomattox Rivers encountered a village inhabited
by the Appamatuck Tribe. Shortly thereafter, the
English explorers settled approximately 30 miles
downstream on the James River. They named it Jamestown
Island. Three years later, Sir Thomas Dale led a group
of colonists from Jamestown to found the Citie of
Henricus on the James River as the second permanent
English settlement in the New World.
Chesterfield County continued to set milestones in
American history. In 1614, Bermuda Hundred in
Chesterfield became the first incorporated town in
America. By 1619, the area witnessed the establishment
of the first iron furnace in the New World at Falling
Creek. In 1622, the county was also home to the first
American hospital, Mount Malady, near Dutch Gap.
In 1634, colonists brought the first Africans to
Bermuda Hundred in Chesterfield County. In 1882, the
Virginia General Assembly chartered the Virginia
Normal and Collegiate Institute, the nation’s first
fully state-supported four-year institution of higher
learning for African Americans. Today, the institution
is now the esteemed HBCU, Virginia State University.
In 1709, Chesterfield made another significant
contribution by producing the first commercially mined
coal in America. The county's infrastructure also saw
pioneering developments, such as Virginia’s first
paved road, the Midlothian Turnpike, in 1807, and the
state's first railroad, the Midlothian to Manchester
Railroad, in 1831.
Chesterfield County celebrated its 250th year in 1999
and has since continued to grow and flourish. In
response to the evolving needs of its residents, the
county established several new departments after its
250th anniversary, including the Community Engagement
and Resources Department, Adult Drug Court, Juvenile
Drug Court, Constituent Services, Community
Enhancement, and Sports Tourism.
In 2013, the residents of Chesterfield County
demonstrated their commitment to the community through
the approval of a bond referendum, which resulted in
significant school facility improvements and the
replacement of the county’s emergency communications
system. The 2022 bond referendum followed, financing
projects for schools, public safety, libraries, and
parks and recreation.
Since its 250th anniversary, Chesterfield County has
completed numerous transportation and pedestrian
projects, greatly enhancing the lives of its residents
and those in neighboring localities. These projects
include the widening of Route 10, the construction of
the Interstate 295/Meadowville Interchange, and the
October 30, 2024 Page 7 of 51
expansion of Route 288 into a four-lane highway from
Powhite Parkway to the Powhatan County Line. Other
improvements include the widening of Chippenham
Parkway from Hull Street to Route 1, securing $31
million for Chesterfield’s 8.5 miles of the Fall Line
Trail, and obtaining $80 million for regional projects
as part of the Central Virginia Transportation
Authority.
I’m honored to represent Chesterfield County in
Congress and commend it on 275 years of growth and
development. I am proud of its rich history and look
forward to its bright future as it approaches its
tricentennial.
12. Board Member Reports
Board members announced and provided details of
several community meetings and county-related events
they attended recently.
13. Resolutions and Special Recognitions
A. Resolution Recognizing Corporal D. Elliott Anderson
Jr., Police Department, Upon His Retirement
Corporal D. Elliott Anderson, Jr., accompanied by
members of his family, was present to receive the
resolution.
Upon motion of Mr. Carroll, seconded by Ms. Schneider,
the Board adopted the following resolution:
WHEREAS, Corporal D. Elliott Anderson Jr. retired from
the Chesterfield County Police Department on October
1, 2024 after providing over 26 years of quality
service to the residents of Chesterfield County; and
WHEREAS, Corporal Anderson began his career with
Chesterfield County Police in 1998 as a Recruit and
continued to faithfully serve as a Police Officer,
Senior Police Officer, Master Police Officer, Career
Police Officer, and Corporal; and
WHEREAS, Corporal Anderson also served during his
tenure as a Police Recruiter, General Instructor,
Crisis Intervention Team Instructor, Crime Prevention
Officer, Community Engagement Officer and Peer
Counselor; and
WHEREAS, Corporal Anderson earned a Unit Citation
while working under adverse working conditions for his
significant contributions during the COVID pandemic,
continuing to facilitate recruiting job fairs, in-
person presentations and virtual recruiting
opportunities to fully staff three basic academies
launched during that period resulting in all
authorized Police Officer positions being filled for
the first time in 25 years; and
WHEREAS, Corporal Anderson was presented with a Unit
Citation recognizing his work with Law Enforcement
October 30, 2024 Page 8 of 51
Explorer Post 609 youth by providing opportunities for
young adults to explore law enforcement careers
through active participation in daily Police
activities, with the youth achieving in one year
nearly 1000 hours of police training and volunteer
work that was completed for the police; and
WHEREAS, Corporal Anderson received a Unit Citation
for his participation with the Media Production Team
for positively affecting the Police Department’s
internal and external messaging through social media,
TV and radio and digital content formats; and
WHEREAS, Corporal Anderson earned a Chief’s
Commendation for his investigation of a resident who
had placed over 280 calls for service to Police during
a 4 year period, determining that the individual was
substance impaired when calls were made and he worked
with the court system to get help and counseling for
the substance abuse issue, improving the resident’s
life experience and eliminating the unnecessary calls;
and
WHEREAS, Corporal Anderson received an Achievement
Award as a member of an action group charged with
identifying and implementing significant improvements
to the police recruiting process that when completed
led to major reductions in police officer vacancies;
and
WHEREAS, Corporal Anderson was the LGBTQ+ liaison for
the police department and was instrumental in building
positive relationships with the LGBTQ+ community,
using those opportunities to recruit people and bring
them into the department; and
WHEREAS, Corporal Anderson 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 Anderson has received numerous
letters of commendation, thanks and appreciation from
supervisors and residents for services rendered; and
WHEREAS, Corporal Anderson 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 Anderson's diligent
service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors publicly recognizes
Corporal D. Elliott Anderson Jr. 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.
October 30, 2024 Page 9 of 51
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Corporal Anderson, and that
this resolution be permanently recorded among the
papers of this Board of Supervisors of Chesterfield
County, Virginia.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
Mr. Holland presented Corporal Anderson with the
executed resolution. He expressed appreciation for his
many years of outstanding service to the community and
wished him well in his future endeavors.
Dr. Casey presented Corporal Anderson with a replica
of the brick that will be placed in the historic
courthouse walkway in his honor.
Col. Carpenter stated the Police Department is better
because of Corporal Anderson's work over the years. He
praised his character, work ethic, and commitment to
getting the job done. He expressed appreciation for
his many years of service and wished him much success
in his next chapter of life.
Corporal Anderson expressed appreciation for the
recognition.
B. Recognizing Specialized Emergency Response Teams that
Deployed to Southwest Virginia During Hurricane Helene
Fire and EMS Chief Loy Senter, accompanied by Col.
Craig Lewis, state Army aviation officer, provided
details of the various response teams that deployed to
southwest Virginia during Hurricane Helene. He played
a video documenting the great work performed by the
specialized teams. He commended the teams for going
above and beyond the call of duty in service to others
affected by Hurricane Helene.
Mr. Holland expressed appreciation for their heroic
efforts and wished them success in their future
missions.
14. New Business
A. Confirmation of the Selection of a Chief of Police for
Chesterfield County
On motion of Mr. Holland, seconded by Mr. Carroll, the
Board voted to confirm Edward Franklin Carpenter, Jr.,
as Chief of Police for Chesterfield County, effective
October 31, 2024.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
Mr. Holland presented a badge and eagle pins to Mrs.
Carpenter for pinning on Col. Carpenter.
Board members congratulated Col. Carpenter for his
outstanding work and accomplishments, culminating in
October 30, 2024 Page 10 of 51
his appointment as Police Chief.
Col. Carpenter thanked the Board for the opportunity
to serve as Police Chief. He thanked many others who
were crucial to the selection process, especially Lt.
Col. Brad Badgerow, who stood in the gap for seven
months as acting Police Chief. He thanked the
community for its trust in and support of the
department. He stated the department will do
everything to operate in a spirit of excellence and
provide service to the community like never before.
B. Appointments
1. Board of Building and Fire Code Appeals
On motion of Mr. Carroll, seconded by Ms. Schneider,
the Board nominated and reappointed Mr. Michael C.
Bricker (Midlothian district) to serve as an at-large
representative with architect experience on the Board
of Building and Fire Code Appeals, whose term is
effective November 20, 2024, and will expire November
19, 2027.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
2. Camp Baker Management Board
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board nominated and appointed Ms. Rachel Fenton to
serve as a Bermuda district representative on the Camp
Baker Management Board, whose term is effective
immediately and will expire April 30, 2025.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
C. Consent Items (14.C.1.-14.C.7.)
1. Adoption of Resolutions
a. Resolution Recognizing Kenneth Hilscher,
Utilities Department, Upon His Retirement
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board adopted the following resolution:
WHEREAS, Kenneth Hilscher retired from the
Chesterfield County Utilities Department on October 1,
2024, after faithfully serving the county and its
citizens for over 41 years; and
WHEREAS, Mr. Hilscher began his service to the
citizens of Chesterfield County in 1983 as a Meter
Reader with the Department of Utilities in the Field
Services section; and
WHEREAS, in January of 1986, Mr. Hilscher was promoted
October 30, 2024 Page 11 of 51
to Senior Drafting Technician within the Engineering
Data Management section; and
WHEREAS, Mr. Hilscher developed the first Computer
Aided Drafting program for the Department of Utilities
and subsequently established and applied drafting
standards for the department’s valve location
diagrams; and
WHEREAS, in 1986, Mr. Hilscher designed the first logo
for the Department of Utilities, which was used until
its retirement in 2024; and
WHEREAS, Mr. Hilscher utilized his drafting skills on
multiple occasions to assist the Chesterfield County
Police Department in the processing of crime scenes
and the creation of presentation materials for court
exhibits; and
WHEREAS, Mr. Hilscher helped promote the Department of
Utilities’ first use of electronic images, which led
to the development of an electronic document
management system, the first in Chesterfield County;
and
WHEREAS, in 1996, Mr. Hilscher was promoted to
Engineering Assistant and began his education and use
of the department’s Geographical Information System,
where he interpreted engineering plans and
electronically mapped water and wastewater
information; and
WHEREAS, in 1999, Mr. Hilscher was designated as the
primary editor of easement agreements for the Real
Property Office of Chesterfield County; and
WHEREAS, in 2002, Mr. Hilscher was promoted to
Geographical Information System Specialist, continuing
his support of the Real Property Office, and he also
became the Liaison between the Engineering Data
Management Section and Real Property for the next 23
years; and
WHEREAS, during his 41 years of service, Mr. Hilscher
witnessed and helped to support the evolution of the
department’s use of a Geographical Information System.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the
contributions of Kenneth Hilscher, expresses the
appreciation of all residents for his service to the
county, and extends their appreciation for his
dedicated service and their congratulations upon his
retirement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
b. Resolution Recognizing Battalion Chief Mark
R. Berry, Fire and Emergency Medical
Services Department, Upon His Retirement
On motion of Mr. Carroll, seconded by Dr. Miller, the
October 30, 2024 Page 12 of 51
Board adopted the following resolution:
WHEREAS, Battalion Chief Mark R. Berry retired from
the Chesterfield County Fire and Emergency Medical
Services Department, on September 1, 2024; and
WHEREAS, Chief Berry completed Recruit School #21 in
1989 and has faithfully served Chesterfield County for
35 years in various assignments as a Firefighter at
the Dutch Gap Fire and EMS Station, as a Lieutenant at
the Bensley Fire & EMS Station; as a Lieutenant,
Captain, and Battalion Chief within the CFEMS’
Training and Safety Division, as a Battalion Chief,
North Division Commander and Shift Commander for C-
shift in Emergency Operations; and
WHEREAS, Chief Berry served as founding member of the
CFEMS’ Technical Rescue Team (TRT) and served 10 years
on the scuba rescue (dive) team beginning in 1992; and
WHEREAS, Chief Berry served on the committee to
develop and implement CFEMS’ core leadership
curriculums for supervisors, the Applied Leadership
for Company Officers (ALCO) and the Chief Officers
Development Program (CODP) beginning in 2002; and
WHEREAS, Chief Berry was awarded an EMS Unit Citation
for his involvement in the successful outcome of a
pediatric patient at the Chester YMCA on March 1,
1993; and
WHEREAS, Chief Berry was awarded a Unit Citation for
his involvement in the successful outcome of a family
in distress on the Appomattox River on April 16, 1994;
and
WHEREAS, Chief Berry was awarded an EMS Unit Citation
for his involvement in the successful outcome of a
drowning child on July 6, 1994
WHEREAS, Chief Berry was awarded the department’s
first CFEMS Medal of Valor for his involvement in the
successful outcome of a victim stranded within a
Dominion Power smokestack at Dutch Gap Power Station
on October 25, 1994; and
WHEREAS, Chief Berry was awarded a Unit Citation for
his involvement in the successful rescue of trapped
victims of a Park Lee Apartment fire on April 12,
1997; and
WHEREAS, Chief Berry was awarded a Unit Citation for
his involvement in the successful outcome of teenagers
stranded on an island on April 1, 2003; and
WHEREAS, Chief Berry oversaw the rescue of twenty-six
citizens from two deteriorating apartments overwhelmed
by Falling Creek flood waters during Tropical Storm
Gaston on August 30, 2004; and
WHEREAS, Chief Berry was instrumental in interviewing,
hiring and developing numerous employees that would
later become Chief Officers, Fire Officers and
October 30, 2024 Page 13 of 51
Firefighters through his oversight and leadership of
the applicant interview process beginning in 2006.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the
contributions of Battalion Chief Mark R. Berry,
expresses the appreciation of all citizens for his
service to the county and extends appreciation for his
dedicated service and congratulations upon his
retirement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
c. Resolution Recognizing Mrs. Jean Skinner,
Department of General Services,
Administration Division, Upon Her Retirement
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board adopted the following resolution:
WHEREAS, Mrs. Jean Skinner retired from the
Chesterfield County Department of General Services
Administration Division on October 1, 2024; and
WHEREAS, Mrs. Skinner began her career in Chesterfield
County Government in the Planning Department on
November 17, 2008; and
WHEREAS, Mrs. Skinner was promoted to the Department
of General Services on February, 2, 2013 as an
Administrative Assistant; and
WHEREAS, Mrs. Skinner’s commitment to a high standard
of personal and professional behavior contributed to
the strategic goals of the department; and
WHEREAS, Mrs. Skinner was a strong and steady
performer for the department and could always be
relied upon to provide excellent service; and
WHEREAS, Mrs. Skinner consistently maintained a
positive and hard-working attitude and promoted
teamwork by example; and
WHEREAS, Mrs. Skinner was selected by her peers as the
2014 Employee of the Year for the Administration
division; and
WHEREAS, Mrs. Skinner’s organization skills,
flexibility, institutional knowledge, and calm
demeanor were strengths that were displayed on a daily
basis; and
WHEREAS, Mrs. Skinner completed the requirements for
Level II of the Career Development Path for the
Administrative Assistant; and
WHEREAS, Mrs. Skinner applied her skills, knowledge,
and experience to perform tasks effectively and
improve customer satisfaction; and
WHEREAS, Mrs. Skinner was a valued member of the
October 30, 2024 Page 14 of 51
General Services Team and will be missed by her co-
workers and customers.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Jean Skinner, expresses the
appreciation of all citizens for her service to
Chesterfield County, and extends appreciation for her
dedicated service to the County, congratulations upon
her retirement, and best wishes for a long and happy
retirement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
d. Resolution Recognizing the 175th Anniversary
of Enon Baptist Church
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board adopted the following resolution:
WHEREAS, Enon Baptist Church, located in Chester, was
organized on October 8, 1849; and
WHEREAS, the church was built on a one-acre tract
given by church founder, Rev. John Alexander Strachan;
and
WHEREAS, in May 1864, during the Civil War, Union Army
troops under Maj. Gen. Benjamin F. Butler dismantled
Enon Baptist Church and moved the lumber to nearby
Point of Rocks where they used it to build a military
hospital; and
WHEREAS, after the Civil War, members of the
congregation dismantled the hospital and used the
materials to rebuild the present Enon Baptist Church;
and
WHEREAS, later, the congregation petitioned Congress
and was awarded compensation for the army’s
destruction of the building; and
WHEREAS, Enon Baptist Church became a member of the
Southern Baptist Convention of Virginia; and
WHEREAS, Enon Baptist Church has been a cornerstone of
the Chesterfield community, fostering fellowship,
stewardship and service; and
WHEREAS, the church's unwavering spiritual presence
has supported its members through 175 years of
economic hardship, societal shifts, global conflict,
tragedy and sorrows.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors on behalf of the citizens
of Chesterfield County, recognizes and congratulates
the congregation of Enon Baptist Church on its 175th
anniversary and wishes them continued success and joy
in all their endeavors.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
October 30, 2024 Page 15 of 51
Nays: None.
2. Real Property Requests
a. Acceptance of Parcels of Land
1. Acceptance of Parcels of Land Adjacent
to Whitepine Road from 8800 Whitepine,
LLC
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board accepted the conveyance of two parcels of land
containing a total of 0.336 acres adjacent to
Whitepine Road from 8800 Whitepine, LLC 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 Otterdale Road from Windswept
Development LLC
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board accepted the conveyance of a parcel of land
containing 0.206 acres adjacent to Otterdale Road from
Windswept Development 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 East West Road from Watkins Center
MOB, LLC
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board accepted the conveyance of a parcel of land
containing 0.021 acres adjacent to East West Road from
Watkins Center MOB, LLC and authorized the County
Administrator to execute the deed.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
b. Conveyance of Easements
1. Conveyance of a 15' Easement to
Virginia Electric and Power Company for
Beulah Recreation Center
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 Virginia Electric and Power Company for
a 15’ underground easement for Beulah Recreation
Center.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
October 30, 2024 Page 16 of 51
c. Requests for Permission
1. Request Permission to Allow an Existing
Private Water Service Within a Proposed
Private Water Easement to Serve the
Property at 5020 Route 1
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board granted permission to allow an existing private
water service, within a proposed private water
easement, to serve property at 5020 Route 1 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
Temporary Reduced Imperviousness Best
Management Practices (BMP) Easement and
a Sewer Easement Across the Property
Owned by Woolridge Vet Partners, LLC
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 a
quitclaim deed to quitclaim a portion of a temporary
reduced imperviousness best management practices (BMP)
easement and a sewer easement across the property
owned by Woolridge Vet Partners, LLC.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
2. Request to Quitclaim Portions of a 16’
Water Easement and a Variable Width
Sewer and Water Easement Across the
Properties Owned by Economic
Development Authority of the County of
Chesterfield
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 a
quitclaim deed to quitclaim portions of a 16’ water
easement and portions of a variable width sewer and
water easement across the properties owned by Economic
Development Authority of the County of Chesterfield,
which are needed for the development of Springrock
Green. (It is noted a copy of the plat is on file with
the papers of this Board.)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
e. Approve a Lease Amendment for the Dry Bridge
911 Tower Site
On motion of Mr. Carroll, seconded by Dr. Miller, the
October 30, 2024 Page 17 of 51
Board approved a lease amendment with Dry Bridge
Partnership for the Dry Bridge 911 Tower Site.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
3. Set Public Hearing for December 18
a. To Consider the Quitclaim of a Portion of
Creekstone Point Avenue
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board set December 18, 2024, as the date to consider
the quitclaim of a portion of Creekstone Point Avenue.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
b. To Consider the Exercise of Eminent Domain
for the Woolridge Road (Route 288 to Old
Hundred Road) Extension Project Right-of-Way
and Easement Acquisition
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board set December 18, 2024, as the date to consider
the exercise of eminent domain for the Woolridge Road
(Route 288 to Old Hundred Road) Extension Project
right-of-way and easement acquisition.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
c. To Consider Approval of Lease Extension for
6737 Public Safety Way to the Virginia
Credit Union
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board set December 18, 2024, as the date to consider
approval of a lease extension for 6737 Public Safety
Way to the Virginia Credit Union.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
4. Approve the Purchase of, and Initiate the Zoning
Process for, a Parcel of Land at 15601 Route 1
for the Appomattox Police Precinct Project
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board approved the purchase of, and initiated zoning
for, a parcel of land and building from Stream Realty,
LLC containing approximately 52.8 acres (a portion of
GPIN 8016381121) at 15601 Route 1, South Chesterfield,
Virginia 23834, for the Appomattox Police Precinct
Project.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
5. Transfer Funds and Grant Authorization to Proceed
with Rockwood Park Access Road
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board approved the transfer of $450,000 from the
October 30, 2024 Page 18 of 51
General Road Improvement Account and authorized staff
to proceed with design of the Rockwood Park Access
Road.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
6. Acceptance of State Roads
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board adopted the following resolution:
WHEREAS, the street described below is shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board
the street meets the requirements established by the
Subdivision Street Requirements of the Virginia
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board
requests the Virginia Department of Transportation to
add the street described below to the secondary system
of state highways, pursuant to Sections 33.2-705 and
33.2-334, Code of Virginia, and the Department’s
Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board
guarantees a clear and unrestricted right-of-way, as
described, and any necessary easements for cuts, fills
and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer
for the Virginia Department of Transportation.
Project / Subdivision: Wadsworth Drive (Portion) Type Change to the Secondary System of State Highways: Addition Reason for Change: New Street Pursuant to Code of Virginia Statutes: §33.2-705, 33.2-334
Street Name and/or Route Number
►Wadsworth Drive, State Route Number 2687
From: Midlothian Turnpike, (US-60)
To: 0.25 miles south of Midlothian Turnpike, (US-60),
a distance of 0.25 miles
Recordation References: Plat Book 56, Page 79 and
Plat Book 60, Page 97
Right of Way width (feet) = Varies
And, further, the Board adopted the following
resolution:
WHEREAS, the street described below is shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
October 30, 2024 Page 19 of 51
Department of Transportation has advised this Board
the street meets the requirements established by the
Subdivision Street Requirements of the Virginia
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board
requests the Virginia Department of Transportation to
add the street described below to the secondary system
of state highways, pursuant to Sections 33.2-705 and
33.2-334, Code of Virginia, and the Department’s
Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board
guarantees a clear and unrestricted right-of-way, as
described, and any necessary easements for cuts, fills
and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer
for the Virginia Department of Transportation.
Project / Subdivision: Loyal Avenue (Portion) Type Change to the Secondary System of State Highways: Addition Reason for Change: New Street Pursuant to Code of Virginia Statutes: §33.2-705, 33.2-334
Street Name and/or Route Number
►Loyal Avenue, State Route Number 1103
From: 0.15 miles northwest of East River Road, (Route
1107)
To: Gandy Avenue, (Route 1162), a distance of 0.08
miles
Recordation Reference: Plat Book 9, Page 124
Right of Way width (feet) = 50
And, further, the Board adopted the following
resolution:
WHEREAS, the streets described below are shown on a
plat recorded in the Clerk’s Office of the Circuit
Court of Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board
the streets meet the requirements established by the
Subdivision Street Requirements of the Virginia
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board
requests the Virginia Department of Transportation to
add the streets described below to the secondary
system of state highways, pursuant to Sections 33.2-
705 and 33.2-334, Code of Virginia, and the
Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board
guarantees a clear and unrestricted right-of-way, as
described, and any necessary easements for cuts, fills
and drainage.
October 30, 2024 Page 20 of 51
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: Wynwood at Foxcreek Section 16 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Streets Pursuant to Code of Virginia Statutes: §33.2-705, 33.2-334
Street Name and/or Route Number
►Thornapple Court, State Route Number 8595
From: 0.01 miles west of Cassia Loop, (Route 8123)
To: The cul-de-sac, a distance of 0.08 miles
Recordation Reference: Plat Book 262, Page 11
Right of Way width (feet) = 53
►Gossamer Drive, State Route Number 8009
From: Cassia Loop, (Route 8123)
To: The cul-de-sac, a distance of 0.09 miles
Recordation Reference: Plat Book 262, Page 11
Right of Way width (feet) = 61
►Gossamer Drive, State Route Number 8009
From: 0.02 miles west of Anise Circle, (Route 8388)
To: Cassia Loop, (Route 8123), a distance of 0.01
miles
Recordation Reference: Plat Book 262, Page 11
Right of Way width (feet) = 61
►Cassia Loop, State Route Number 8123
From: 0.01 miles north of Thornapple Run, (Route
8008)
To: Gossamer Drive, (Route 8009), a distance of 0.07
miles
Recordation Reference: Plat Book 262, Page 11
Right of Way width (feet) = 53
And, further, the Board adopted the following
resolution:
WHEREAS, the street described below is shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board
the street meets the requirements established by the
Subdivision Street Requirements of the Virginia
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board
requests the Virginia Department of Transportation to
add the street described below to the secondary system
of state highways, pursuant to Sections 33.2-705 and
33.2-334, Code of Virginia, and the Department’s
Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board
guarantees a clear and unrestricted right-of-way, as
described, and any necessary easements for cuts, fills
October 30, 2024 Page 21 of 51
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: Garnett Lane (Remainder) Type Change to the Secondary System of State Highways: Addition Reason for Change: New Street Pursuant to Code of Virginia Statutes: §33.2-705, 33.2-334
Street Name and/or Route Number
►Garnett Lane, State Route Number 8569
From: Charter Colony Parkway, (Route 950)
To: Le Gordon Drive, (Route 707), a distance of 0.03
miles
Recordation Reference: Deed of Dedication 1790, Page
1484
Right of Way width (feet) = 45
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
7. Approval of Fifth Amendment to the Employment
Agreement for the County Administrator
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board approved the Fifth Amendment to the County
Administrator's Employment Agreement. (A copy of the
agreement is filed with the papers of this Board.)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
15. Fifteen-Minute Citizen Comment Period on Unscheduled Matters
Mr. Thomas Kierl addressed the Board relative to the
general fund budget from FY2017 to FY2024, spending,
taxation, and transparency.
Ms. Roxana Paduretu addressed the Board relative to
massage businesses and the massage ordinance.
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
October 30, 2024 Page 22 of 51
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 December
18, 2024, public hearing.
Mr. Holland called for public comment on the deferral.
Mr. John Hauserman thanked the Board for its time and
attention to the case.
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. Ingle, the
Board deferred Case 23SN0041 to its regularly
scheduled Board of Supervisors meeting on December 18,
2024.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
C. Consent Cases
1. 24SN1125 - Olson Home Based Surveying Firm - Dale
In Dale Magisterial District, Olson Home Based
Surveying Firm is a request for conditional use to
permit a business from the home (surveying firm) and
amendment of zoning district map in a Residential (R-
7) District on 0.35 acre known as 4257 Inca Drive. The
Comprehensive Plan suggests the property is
appropriate for Suburban Residential II use (2 to 4
dwellings per acre). Tax ID 783-673-1891.
Ms. Wilson introduced Case 24SN1125. 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 Ms. Schneider,
the Board approved Case 24SN1125, subject to the
following conditions:
Conditions
1. Use. This conditional use approval shall be
for a business from the home to permit a home-based
surveying firm. (P)
2. Non-Transferable Ownership. This conditional
October 30, 2024 Page 23 of 51
use approval shall be granted exclusively to Randy and
Jo Olson and shall not be transferable nor run with
the land. (P)
3. Hours of Operation. The business will operate
Monday through Friday from 6 AM to 6 PM. (P)
4. Clients. Clients of the business shall not be
permitted on the premises. (P)
5. Staff. Staff of the business will be limited
to 6 employees. No more than 3 employees may be on the
premises at a time. (P)
6. Outdoor Storage. Outdoor storage of business
materials shall not be permitted. (P)
7. Signage. No signage shall be permitted to
identify the business. (P)
8. Business Vehicles. Vehicles of the business
shall be parked in the parking area designated on
Exhibit A. No more than three (3) work vehicles shall
be on the premise at a time. (P)
9. 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.
2. 24SN1129 - Holland Farm Animal - Dale
In Dale Magisterial District, Holland Farm Animal is a
request for conditional use to permit the keeping of a
farm animal (one pig) and amendment of zoning district
map in a Residential (R-7) District on 0.62 acre known
as 4903 Enchanted Lane. The property is currently
developed with one single family residence. The
Comprehensive Plan suggests the property is
appropriate for Suburban Residential II use (2 to 4
dwellings per acre). Tax ID 783-663-1996.
Ms. Wilson introduced Case 24SN1129. She stated the
Planning Commission and staff recommended approval,
subject to the conditions in the staff report.
Mr. Holland called for public comment.
Ms. Sam McCauley spoke favorably about living next to
Ms. Holland and stated she would be disappointed if
Atticus could not stay with the family.
Ms. Holland thanked Mr. Holland for contacting her
about the case and thanked the Board for the
opportunity to keep Atticus.
There being no one else to speak to the issue, the
public hearing was closed.
On motion of Mr. Holland, seconded by Ms. Schneider,
the Board approved Case 24SN1129, subject to the
following conditions:
Conditions
1. Use. This conditional use approval shall be
limited to the keeping of a farm animal (one pig)
only. (P)
October 30, 2024 Page 24 of 51
2. Non-Transferable Ownership. This conditional use
approval shall be granted to and for Kristina Holland,
exclusively, and shall not be transferable nor run
with the land. (P)
3. Time Limitation. The Conditional Use shall be
granted for a period of three (3) years from the date
of approval and may be renewed upon satisfactory
reapplication and demonstration that the keeping of
one (1) pig has not proved a detriment to the adjacent
property or the area in general. (P)
4. Location. The pig shall be housed within the
existing dwelling. Any outdoor time shall be
supervised within the existing fenced in rear yard.
(P)
5. Sanitation and Maintenance. The fenced in rear
yard shall be maintained in a sanitary manner by
keeping it free of debris and animal waste disposed of
properly. (P)
6. Replacement of Animals. Shall the pig be given,
sold or pass away, it shall not be replaced. (P)
7. Health. The applicants shall provide a history
of the pig such as the age, sex, color, and size as
well as a photo to the Planning Department within
thirty (30) days of approval of the Conditional Use.
(P)
8. Fence. The existing fence shall be kept in good
repair to prevent animals pushing through and digging
under it. (P)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
3. 24SN1143 - Cabral Dwelling - Midlothian
In Midlothian Magisterial District, Cabral Dwelling is
a request to rezone from Neighborhood Business (C-2)
to Residential (R-12) with conditional use planned
development to permit exceptions to ordinance
requirements for an existing single-family dwelling
and amendment of zoning district map known as 6615
Elkhardt Road. The 0.29-acre property is currently
developed with one dwelling unit. The Comprehensive
Plan suggests the property is appropriate for Suburban
Residential II use (2 to 4 dwellings per acre). Tax ID
768-699-1877.
Ms. Wilson introduced Case 24SN1143. 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 24SN1143, subject to the following
conditions:
Conditions
1. Setback Exception. The side yard setback for
the existing building along the western property line
October 30, 2024 Page 25 of 51
shall be (0.1) of a foot, as shown in Exhibit A. Any
new additions, buildings or structures shall meet the
minimum setback requirements of the applicable zoning
district. (P)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
D. Discussion Cases
There were no discussion cases.
18. Public Hearings
A. To Consider an Ordinance to Amend the Zoning Ordinance
Relative to Chesapeake Bay Preservation Areas
Mr. Scott Smedley, Director of Environmental
Engineering, introduced the public hearing to
consider an ordinance to amend the Zoning Ordinance
relative to Chesapeake Bay Preservation Areas.
Discussion ensued relative to tree removal as a part
of development and sewer lines.
Mr. Holland called for public comment.
Ms. Renae Eldred suggested trying to get the
Chesapeake Bay Preservation Act changed so that
clear-cutting would not be necessary.
There being no one else to speak to the issue, the
public hearing was closed.
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND
REENACTING SECTIONS 19.1-247, 19.1-520 THROUGH 19.1-529, AND
19.1-570 OF THE ZONING ORDINANCE RELATIVE TO CHESAPEAKE
BAY PRESERVATION AREAS (TREE PRESERVATION AND CLIMATE
RESILIENCE)
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Sections 19.1-247, 19.1-520 through 19.1-529, and 19.1-570 of the
Code of the County of Chesterfield, 1997, as amended, are amended and re-
enacted, to read as follows:
Chapter 19.1
ZONING
OOO
Sec. 19.1-247. Tree Preservation.
1. Preservation. Existing trees and shrubs within required setbacks
along roads and buffers shall be retained to provide continuity,
improve buffering, and minimize new landscaping that requires
October 30, 2024 Page 26 of 51
watering. At time of plan review, removal of existing healthy
vegetation may be approved to accommodate vehicular access or
utilities that run generally perpendicular through the setback or
buffer, or as necessary to accommodate healthy vegetative growth.
2. Credits for Preservation. Healthy existing vegetation may be
credited toward landscaping requirements provided it is reasonably
distributed throughout the setback, buffer or other required landscape
area.
3. Root Protection Zone during Construction. Land disturbance other
than for access or utilities shall be allowed in setbacks along roads
provided that such disturbance is no closer to the tree than the root
protection zone. The root protection zone is a one foot radius around
the tree for each inch of trunk diameter measured 4.5 feet above
grade. However, under no circumstances shall the root protection
zone extend beyond the road setback limits.
4. Upper Swift Creek Watershed Tree Canopy. Tree preservation
shall be required in compliance with Sec. 19.1-545 within the Upper
Swift Creek Watershed.
5. Mature Trees. Mature Trees shall be protected during development
and only removed where necessary, including to provide for the
proposed use or development.
OOO
Sec. 19.1-520. Resource Protection Area Boundaries.
A. At a minimum, resource protection areas shall consist of lands adjacent
to water bodies with perennial flow that have an intrinsic water quality
value due to the ecological and biological processes they perform or
because they are sensitive to impacts which may cause significant
degradation to the quality of state waters. In their natural condition,
these lands provide for the removal, reduction or assimilation of
sediments, nutrients and potentially harmful or toxic substances in runoff
entering the bay and its tributaries, and minimize the adverse effects of
human activities on state waters and aquatic resources.
B. Resource protection areas shall consist of:
1. Tidal wetlands.
2. Nontidal wetlands connected by surface flow that are contiguous to
tidal wetlands or water bodies with perennial flow.
3. Tidal shores.
4. A vegetated RPA buffer area a minimum of 100 feet in width, located
adjacent to and landward of the environmental features listed in
Section 19.1-520.B.1. through B.3., and along both sides of any water
body with perennial flow. The full RPA buffer area shall be
designated as the landward component of the resource protection
area.
5. Such other lands determined by the department of environmental
engineering to meet the provisions of 19.1-520.A. and to be
necessary to protect the quality of state waters.
C. Designation of the components listed in Section 19.1-520.B.1. through
B.3. shall not be subject to modification unless based on reliable, site
October 30, 2024 Page 27 of 51
specific information as provided for in 9 VAC 25-830-110.
Sec. 19.1-521. Resource Management Area Boundaries.
A. Resource management areas shall include land types that, if improperly
used or developed, have a potential for causing significant water quality
degradation or for diminishing the functional value of the resource
protection area.
B. A resource management area shall be provided contiguous to the entire
inland boundary of the resource protection area. Resource management
areas consist of one or more of the following:
1. 100 year floodplains.
2. Highly erodible soils, including steep slopes.
3. Highly permeable soils.
4. Nontidal wetlands not included in resource protection areas.
5. Land areas a minimum of 100 feet in width that are located adjacent
to and landward of every resource protection area.
Sec. 19.1-522. Chesapeake Bay Preservation Areas Maps.
Chesapeake Bay preservation areas include resource protection areas and
resource management areas. Subject to any adjustments by the director of
environmental engineering pursuant to Section 19.1-523, the boundaries
of these areas are included as a map layer in the County’s Geographic
Information System (GIS) which is available for viewing online at
https://geospace.chesterfield.gov/. This GIS map layer shall serve as the
general determination of the extent of the resource protection area
boundary.
Sec. 19.1-523. Site-Specific Refinements of Chesapeake Bay Area
Boundaries and Boundary Adjustments.
A. As part of, or prior to, the zoning application or plan review processes, or
during the review of a water quality impact assessment pursuant to
Section 19.1-524.E., a reliable, site-specific evaluation shall be
conducted and approved by the environmental engineering department to
determine whether water bodies on or adjacent to the proposed
development site have perennial flow. The Resource Protection Area
boundaries for the site shall then be adjusted, as necessary, based on this
evaluation. Upon the completion of a countywide map depicting streams
with perennial flow, as identified utilizing a scientifically valid method
approved by the State Water Control Board, the site-specific evaluations
shall no longer be required.
B. The director of environmental engineering may adjust the delineation of
any resource protection area boundaries when an environmental site
assessment prepared by a qualified expert indicates a need for change
based on the environmental features listed in Section 19.1-
520.B.1through 19.1-520.B.4. The environmental site assessment shall
be drawn to scale and shall clearly delineate such environmental features.
Wetlands delineations shall be performed in accordance with the
procedures specified in the most recently approved edition(s) of the
Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
October 30, 2024 Page 28 of 51
C. The director of environmental engineering may adjust the delineation of
any resource management area boundaries when an environmental site
assessment prepared by a qualified expert indicates a need for such
change based on the environmental features listed in Section 19.1-521.B.
The environmental site assessment shall be drawn to scale and shall
clearly delineate such environmental features. Wetlands delineations
shall be performed in accordance with the procedures specified in the
most recently approved edition(s) of the Federal Manual for Identifying
and Delineating Jurisdictional Wetlands.
D. Any person aggrieved by the director of environmental engineering's
decision concerning the boundaries of a resource protection area or a
resource management area may appeal such decision in accordance with
Section 19.1-30.C.
E. Boundary adjustments shall not be available to property that is
undergoing redevelopment if, due to previous development of the
property, the Chesapeake Bay preservation area features listed in Section
19.1-520.B. or Section 19.1-521.B. cannot be determined.
F. A Resource Protection Area designation may be deferred at time of plan
review for a Line Modification or Family Subdivision plat in accordance
with Section 17-56.
Sec. 19.1-524. Resource Protection Area Regulations
In addition to the general performance criteria set forth in Section 19.1-525.,
the criteria in this section are applicable in resource protection areas.
A. Land development may be allowed in a resource protection area, subject
to the approval of the department of environmental engineering, only if it
is water dependent, constitutes redevelopment, is a permitted
encroachment established pursuant to Section 19.1-54.D., is a road or
driveway crossing satisfying the conditions set forth in Section19.1-
524.A.4., or is a flood control or stormwater management facility
satisfying the conditions set forth in Section 19.1-524.A.5.
1. A water quality impact assessment in accordance with Section 19.1-
524.E.1. shall be required for any proposed land disturbance.
2. A resiliency assessment as set forth in Section 9 VAC 25-830-155B,
that considers the potential impacts of sea level rise, storm surge, and
flooding, shall be required for any proposed land development in the
RPA during the plan of development or project review process.
3. A new or expanded water-dependent facility may be permitted,
provided that:
a. It does not conflict with the comprehensive plan;
b. It complies with the performance criteria set forth in Sections
19.1-524.B. and 19.1-525;
c. Any nonwater-dependent component is located outside any
resource protection area; and
d. Access shall be provided with minimum disturbance necessary. If
possible, a single point of access shall be provided.
4. Redevelopment shall be permitted in the Resource Protection Area
only if there is no increase in the amount of impervious cover and no
further encroachment within the Resource Protection Area, and it
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shall conform to applicable erosion and sediment control and
stormwater management criteria set forth in Section 19.1-525 and the
Virginia Erosion and Stormwater Management Act and their
attendant regulations and Chapter 8 Article V of this code as well as
all applicable stormwater management requirements of other state
and federal agencies.
5. Roads and driveways not exempt under Section 19.1-527.A.1. may
be constructed in or across Resource Protection Areas only if each of
the following conditions are met:
a. The department of environmental engineering makes a finding
that there are no reasonable alternatives to aligning the road or
driveway in or across the Resource Protection Area.
b. The alignment and design of the road or driveway are optimized,
consistent with other applicable requirements, to minimize the
encroachment in the Resource Protection Area and adverse
impacts on water quality.
c. The design and construction of the road or driveway satisfies all
applicable criteria of this chapter, including submission of a water
quality impact assessment.
d. The department of environmental engineering reviews the plan
for the road or driveway proposed in or across the Resource
Protection Area.
6. Flood control and stormwater management facilities that drain or
treat water from multiple development projects or from a significant
portion of a watershed may be allowed in Resource Protection Areas,
provided that:
a. the department of environmental engineering has conclusively
established that the location of the facility within the Resource
Protection Area is the optimum location;
b. the size of the facility is the minimum necessary to provide
necessary flood control, stormwater treatment, or both;
c. the facility must be consistent with a comprehensive stormwater
management plan developed and approved in accordance with
Chapter 8 Article V Erosion and Stormwater Management;
d. all applicable permits for construction in state or federal waters
must be obtained from the appropriate state and federal agencies,
such as the U. S. Army Corps of Engineers, the Virginia
Department of Environmental Quality, and the Virginia Marine
Resources Commission;
e. approval must be received from the department of environmental
engineering prior to construction; and
f. routine maintenance is allowed to be performed on such facilities
to assure that they continue to function as designed. It is not the
intent to allow a best management practice that collects and treats
runoff from only an individual lot or some portion of the lot to be
located within a Resource Protection Area.
B. RPA buffer area requirements. The 100 foot RPA buffer area shall be the
landward component of the Resource Protection Area as set forth in
Section 19.1-520.B.4. Notwithstanding permitted uses and
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encroachments, as set forth in 19.1-524.C.and 19.1-524.D., the 100 foot
RPA buffer area shall not be reduced in width. To minimize the adverse
effects of human activities on the other components of the Resource
Protection Area, state waters, and aquatic life, a l00-foot wide RPA
buffer area of vegetation that is effective in retarding runoff, preventing
erosion, and filtering nonpoint source pollution from runoff shall be
retained, if present, and established where it does not exist. The planting
of trees shall be incorporated into the reestablishment of the 100-foot
buffer, as appropriate to site conditions and in such a manner to
maximize the buffer function as determined by the Director of
Environmental Engineering. Inclusion of native species in tree planting
is preferred. The following criteria shall apply to the 100 foot RPA buffer
area.
1. The 100 foot wide RPA buffer area shall be deemed to achieve a 75%
reduction of sediments and a 40% reduction of nutrients.
2. Where land uses such as agriculture or silviculture within the area of
the RPA buffer area cease and the lands are proposed to be converted
to other uses, the full 100 foot wide RPA buffer area shall be
reestablished. In reestablishing the RPA buffer area, management
measures shall be undertaken to provide woody vegetation that
assures the RPA buffer area functions set forth in this chapter. Where
such buffer must be reestablished, the planting of trees shall be
incorporated as appropriate to site conditions and in such a manner to
maximize the buffer function as determined by the Director of
Environmental Engineering. Inclusion of native species in tree
planting is preferred.
3. Existing vegetation in the RPA buffer area shall not be cleared or
disturbed except as provided in Section 19.1-524.C.and 19.1-524.D.
and with the prior approval of the environmental engineering
department.
C. Permitted modifications of the RPA buffer area.
1. In order to maintain the functional value of the RPA buffer, existing
vegetation may be removed, subject to the approval of the
environmental engineering department, only to provide for
reasonable sight lines, access paths, general woodlot management
and best management practices, including those that prevent upland
erosion and concentrated flows of stormwater, as follows:
a. In general, where the removal of trees within the buffer area is
proposed, mature trees shall be preserved and trimmed or pruned
in lieu of removal as site conditions permit and removal should be
limited to the fewest number of trees feasible. Where tree
planting for mitigation, conservation, landscaping, or for buffer
reestablishment is proposed, inclusion of native species in tree
planting is preferred.
b. Trees may be pruned, thinned, or removed if necessary to provide
for sight lines and vistas. If trees are removed, they shall be
replaced with other vegetation that, in the judgment of the
environmental engineering department, is equally effective in
retarding runoff, preventing erosion and filtering nonpoint source
pollution from runoff.
c. Any path shall be constructed and surfaced to effectively control
erosion.
d. Dead, diseased or dying trees or shrubbery and noxious weeds
(such as Johnson grass, kudzu, and multiflora rose) may be
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removed, and thinning of trees may be allowed, pursuant to sound
horticultural practices.
e. For shoreline erosion control projects, trees and woody vegetation
may be removed, necessary control techniques employed, and
appropriate vegetation established to protect or stabilize the
shoreline in accordance with 9VAC25-830-155C.1.c and
applicable permit conditions or requirements. The removal of
mature trees for the installation and maintenance of proposed
shoreline erosion control projects shall only be permitted as
necessary and consistent with the best available technical advice,
approved project plans, and applicable permit conditions or
requirements. Inclusion of native species is preferred.
f. Adaptation measures proposed for location within the RPA shall
meet the criteria and requirements outlined in 9VAC25-830-
155C.
2. On agricultural lands, the RPA buffer area shall be managed to
prevent concentrated flows of surface water from breaching the RPA
buffer area and appropriate measures may be taken to prevent
noxious weeds (such as Johnson grass, kudzu, and multiflora rose)
from invading the RPA buffer area. Agricultural activities may
encroach into the RPA buffer area only as follows:
a. Agricultural activities may encroach within the landward 50 feet
of the 100 foot wide RPA buffer area when at least one
agricultural best management practice which, in the opinion of
the local soil and water conservation district board, addresses the
more predominant water quality issue on the adjacent land is
being implemented on the adjacent land provided that the
combination of the undisturbed RPA buffer area and the best
management practice achieves water quality protection, pollutant
removal, and water resource conservation at least the equivalent
of the 100 foot RPA buffer area. If nutrient management is
identified as the predominant water quality issue, a nutrient
management plan, including soil tests, must be developed
consistent with the Virginia Nutrient Training and Certification
Regulations (4VAC 50-85) administered by the Virginia
Department of Conservation and Recreation.
b. Agricultural activities may encroach within the landward 75 feet
of the 100 foot wide RPA buffer area when agricultural best
management practices which address erosion control, nutrient
management, and pest chemical control, approved by the James
River soil and water conservation district, are being implemented
on the adjacent land. The erosion control practices must prevent
erosion from exceeding the soil loss tolerance levels, referred to
as “T,” as defined in the National Soil Survey Handbook of
November 1996 in the Field Office Technical Guide of the U.S.
Department of Agriculture Natural Resource Conservation
Service. A nutrient management plan, including soil tests, must
be developed, consistent with the Virginia Nutrient Management
Training and Certification Regulations (4VAC 50-85)
administered by the Virginia Department of Conservation and
Recreation. In conjunction with the remaining RPA buffer area,
this collection of best management practices shall be presumed to
achieve water quality protection at least the equivalent of that
provided by the 100 foot RPA buffer area.
c. The RPA buffer area is not required for drainage ditches
associated with agricultural land if the adjacent agricultural land
has in place at least one best management practice which, in the
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opinion of the James River soil and water conservation district,
addresses the predominant water quality issues on the adjacent
land.
D. Permitted encroachments into the RPA buffer area.
1. When the application of the RPA buffer area would result in the loss
of a buildable area on a lot or parcel recorded prior to October 1,
1989, encroachments into the RPA buffer area may be permitted by
the director of environmental engineering. A written request shall
identify the impact of the proposed exception on water quality, on
public safety, and on lands within the resource protection area
through the completion of a water quality impact assessment that
complies with Section 19.1-524.E. and shall be in accordance with
the following criteria:
a. Encroachments into the RPA buffer area shall be the minimum
necessary to achieve a buildable area for a principal structure and
necessary utilities.
b. Where practicable, a vegetated area that will maximize water
quality protection, mitigate the effects of the RPA buffer area
encroachment, and is equal to the area of encroachment into the
RPA buffer area shall be established elsewhere on the lot or
parcel. Where established, such vegetated area shall include the
planting of trees as appropriate to site conditions. Inclusion of
native species in tree planting is preferred.
c. The encroachment may not extend into the seaward 50 feet of the
RPA buffer area.
2. When the application of the RPA buffer area would result in the loss
of a buildable area on a lot or parcel recorded between October 1,
1989 and March 1, 2002, encroachments into the RPA buffer area
may be allowed through an administrative process in accordance with
the following criteria:
a. The lot or parcel was created as a result of a legal process
conducted in conformity with the county’s subdivision ordinance;
b. Conditions or mitigation measures imposed through a previously
approved exception shall be met;
c. If the use of a best management practice (BMP) was previously
required, the BMP shall be evaluated to determine if it continues
to function effectively and, if necessary, the BMP shall be
reestablished or repaired and maintained as required;
d. The requirements of Section 19.1-524.D.1 shall be met.
3. When the application of the RPA buffer area would result in the loss
of a buildable area on a lot or parcel created as the result of
bankruptcy, condemnation or threat of condemnation, judicial
partition or judicial action relating to a decedent’s estate,
encroachments into the RPA buffer area may be allowed through an
administrative process in accordance with the requirements of
Section 19.1-524.D.2.b., c., and d.
E. Water quality impact assessments and resource protection area
restoration plans.
1. A water quality impact assessment shall be submitted to, and
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approved by, the environmental engineering department for any
proposed development within a resource protection area, including
any RPA buffer area modification or encroachment authorized as
provided by Section 19.1-524.D. and may be required by the director
of environmental engineering for any other development in
Chesapeake Bay preservation areas based on the site's unique
characteristics or the intensity of the proposed use or development.
The purpose of the water quality impact assessment is to identify and,
where applicable, quantify the impacts of proposed development on
water quality and lands in the Resource Protection Areas consistent
with the goals and objectives of the Chesapeake Bay Preservation
Act, this chapter, and to identify specific measures for the mitigation
of those impacts. There shall be two types of water quality impact
assessments: a minor assessment and a major assessment.
a. Minor water quality impact assessment. A minor water quality
impact assessment shall be required for a development or
redevelopment which involves 2,500 square feet or less of land
disturbance. The minor water quality assessment must
demonstrate that the combination of undisturbed RPA buffer area,
restoration plantings, and identified best management practices or
measures will be effective in retarding runoff, preventing erosion,
and filtering nonpoint source pollution from runoff. The minor
water quality impact assessment shall include a site drawing, to
scale if practicable, which shows the following:
1) The location of the resource protection area;
2) The location, nature and quantification of proposed
encroachments into the resource protection area, including
type of material proposed to be used for access paths, areas of
clearing or grading, location of any structures, drives or other
impervious surfaces;
3) Justification for the proposed encroachment;
4) Type and proposed location of any best management practice
facilities or measures;
5) Existing and proposed runoff outfalls from the property;
6) Location and density of existing vegetation on site, including
the number and type of trees and other vegetation to be
removed in the RPA buffer area as a result of the
encroachment or modification; and
7) A restoration plan that includes the replacement of vegetation
that has been removed from the RPA buffer area. The type,
quantity and density of vegetation shall be capable of
retarding runoff, preventing erosion, and filtering nonpoint
source pollution from runoff.
b. Major water quality impact assessment. A major water quality
impact assessment shall be required for a development which
exceeds 2,500 square feet of land disturbance. The major water
quality impact assessment shall be prepared by a qualified expert
and shall include:
1) All information required for a minor water quality impact
assessment;
2) A description of the proposed encroachment including:
o A description of the proposed improvements, including
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structures (including the type and size), roads, access paths,
irrigations systems, lighting systems, and utilities;
o If an access path is proposed, an identification of the location
of the path and the materials that will be used for the path.
3) A description of the encroachment site's physical
characteristics including:
o The site's existing topography, soil characteristics, erosion
potential and hydrology;
o A description of wetland areas including their functions and
values;
o A description of streams and other water bodies;
o Location and density of existing vegetation on site, including
the number and type of trees and other vegetation categorized
by type (e.g. shrubs, trees, groundcover) within 50 feet of the
proposed land disturbance.
4) A discussion of the potential water quality impacts of the
proposed encroachment, including:
o A quantification of any identified impacts on streams or other
water bodies, including potential erosion and sedimentation
that could enter those waters as a result of the encroachment;
o An identification and quantification of any impacts on
wetlands, including impacts on wetland hydrology;
o An identification of temporary or permanent impacts to
streams or other water bodies;
o An identification of any areas to be disturbed outside the
resource protection area that have the potential to adversely
affect the resource protection area;
o The limits of clearing and grading, and the percent of the site
to be cleared;
o Where applicable, an estimation of the pre-construction and
post-construction pollutant loads;
o Estimation of the percent increase in impervious cover;
o A discussion of the number and type of trees and other
vegetation to be removed in the RPA buffer area as a result of
the encroachment or modification;
o A discussion of proposed changes to the site topography and
hydrology and the impacts of those changes on water quality;
o A construction schedule, including the anticipated duration of
construction.
5) A discussion of measures to mitigate the identified impacts,
including:
o A Restoration Plan that includes the replacement of
vegetation that has been removed from the RPA buffer area.
The Plan shall include the schedule for replanting, which shall
take into account the appropriate season for replanting. The
type, quantity and density of vegetation specified shall be
capable of retarding runoff, preventing erosion, and filtering
nonpoint source pollution from runoff. The vegetation
specified plantings shall, to the maximum extent practicable,
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consist of native species.
o A listing of proposed erosion and sediment control measures,
including additional measures that are beyond those required
in chapter 8 of the code. A listing of best management
practices and measures to reduce impacts on water quality;
o A discussion that demonstrates, in a quantifiable manner, that
the combination of revegetation and best management
practices will achieve pollutant removal that is equivalent to
that which is achieved without the encroachment.
o A listing of other mitigation measures that may be required by
the director of environmental engineering.
F. Violations of this section may result in court action being taken to result
in fines and/or an order to abate the violation and bring the property into
compliance with this section, which may include the violator being
required to submit a resource protection area restoration plan and an
appropriate surety in an amount to purchase and plant any vegetation
required by the restoration plan which does not survive for one year from
date of planting. The amount and form of the surety must be in a form
approved by the county attorney's office and may consist of a certified
check, cash escrow, a surety bond, or a letter of credit from a financial
institution.
c. 19.1-525. General Performance Criteria.
Any use, development or redevelopment of land within a Chesapeake
Bay Preservation Area shall meet the following performance criteria:
1. No more land shall be disturbed than is necessary to provide for the
proposed use or development.
2. Indigenous vegetation shall be preserved to the maximum extent
practicable consistent with the use or development allowed.
3. Land development shall minimize impervious cover consistent with
the use or development allowed.
4. All development exceeding 2,500 square feet of land disturbance
shall be subject to the site plan or subdivision review processes.
5. Any land disturbing activity that exceeds an area of 2,500 square feet
(including construction of all single family houses, septic tanks and
drainfields, but otherwise as defined in § 62.1-44.15:51of the Code of
Virginia) shall comply with the requirements of the local erosion and
sediment control ordinance.
6. Stormwater management criteria consistent with the water quality
protection provisions of the Virginia Stormwater Management
Regulations shall be satisfied.
a. The following stormwater management options shall be
considered to comply with this requirement:
• Incorporation on the site of best management practices that
meet the water quality protection requirements. For the
purposes of this provision, the site may include multiple
projects or properties that are adjacent to one another or lie
within the same drainage area where a single best
management practice will be utilized by those projects to
satisfy water quality protection requirements;
October 30, 2024 Page 36 of 51
• Compliance with site-specific VPDES permit issued by the
Department of Environmental Quality provided the
department of environmental engineering specifically
determines that the permit requires measures that collectively
achieve water quality protection equivalent to that required.
b. Any maintenance, alteration, use or improvement to an existing
structure that does not degrade the quality of surface water
discharge, as determined by the director of environmental
engineering, may be exempted from the requirements. Any
person aggrieved by a decision of the director of environmental
engineering under Section 19.1-525.6 may appeal such decision
in accordance with the procedures provided in Section 19.1-30.C.
c. Stormwater management criteria for redevelopment shall apply to
any redevelopment.
7. Where the best management practices utilized in a commercial
development require regular or periodic maintenance in order to
continue their functions, such maintenance shall be ensured by a
maintenance/easement agreement, commercial surety bond, bank
letter of credit or other assurance satisfactory to the director of
environmental engineering. Where the best management practices
utilized for a residential development require regular or periodic
maintenance in order to continue their functions, such maintenance
shall be ensured by a commercial surety bond, bank letter of credit or
cash escrow in an amount equal to $250.00 for each dwelling unit in
a residential development. The requirement excludes apartment
developments outside the Swift Creek Reservoir Watershed. The
form of any bond or letter of credit provided pursuant to this section
shall be approved by the county attorney.
8. Within the Upper Swift Creek Watershed, where the best
management practices utilized in a commercial development require
regular or periodic maintenance in order to continue their functions,
such maintenance shall be ensured by a commercial surety bond,
bank letter of credit or cash escrow in an amount equal to $3,000.00
for each impervious acre or fraction thereof. The form of any bond
or letter of credit provided pursuant to this section shall be approved
by the county attorney.
9. Except as follows, RMA performance criteria shall not apply to land
used for agricultural purposes. Land on which agricultural activities
are being conducted, including but not limited to crop production,
pasture, and dairy and feedlot operations, shall have a soil and water
quality conservation assessment conducted that evaluates the
effectiveness of existing practices pertaining to soil erosion and
sediment control, nutrient management, and management of
pesticides and, where necessary, results in a plan that outlines
additional practices needed to ensure that water quality protection is
being accomplished consistent with the Chesapeake Bay Preservation
Act and this division.
10. The director of environmental engineering may authorize the
developer to use a retention or detention basin or alternative best
management practice facility to achieve the performance criteria set
forth in this chapter.
11. The department of environmental engineering shall require evidence
of all wetlands permits required by law prior to authorizing grading
or other on-site activities.
October 30, 2024 Page 37 of 51
12. For sites subject to subdivision review, the subdivider shall post signs
demarking the limits of the RPA so builders and homeowners are
informed as to the limitations imposed on these areas. Specific plans
for the exact number and placement of the signs shall be approved by
the director of environmental engineering.
13. Except for the Upper Swift Creek Watershed, all new construction
and substantial improvements of residential dwellings shall have
minimum setbacks from an RPA which encroaches within a lot or
parcel that is the lesser of the applicable yard setback requirement of
the underlying zoning district or 25 feet. Specifically, setbacks shall
be measured from the closest boundary of the RPA to the principal
structure and the required setbacks shall be determined by the yard in
which the RPA boundary is located. In the Upper Swift Creek
Watershed, all new construction and substantial improvements of
residential dwellings shall have a minimum setback from the RPA of
35 feet.
14. Except for the Upper Swift Creek Watershed, all new construction
and substantial improvements of residential dwellings shall have a
minimum setback of at least 25 feet horizontal distance from the
outer most boundaries of nontidal wetlands not located within
resource protection areas. In the Upper Swift Creek Watershed, all
new construction and substantial improvements of residential
dwellings shall have a minimum setback of at least 35 feet horizontal
distance from the outer most boundaries of the nontidal wetlands not
located within resource protection areas.
15. All new construction and substantial improvements of nonresidential
structures and accessory buildings shall meet requirements of Section
19.1-503.A.7.
Sec. 19.1-526. Exemptions in Resource Protection Areas.
A. The following land disturbances in resource protection areas may be
exempt from the criteria of Section 19.1-524. provided that, in the
judgment of the director of environmental engineering, they comply with
the conditions listed below: water wells, passive recreation facilities such
as boardwalks, trails and pathways, and historic preservation and
archaeological activities.
1. Any required permits, except those to which this exemption
specifically applies, shall have been issued;
2. Sufficient and reasonable proof is submitted that the intended use
shall not result in an adverse impact on water quality;
3. The intended use does not conflict with nearby planned or approved
uses; and
4. Any land disturbance exceeding an area of 2,500 square feet shall
comply with all erosion and sediment control requirements of
Chapter 8.
B. Silvicultural activities in Chesapeake Bay Preservation Areas shall be
exempt from this division's requirements, provided that such activities
adhere to water quality protection procedures prescribed by the Virginia
Department of Forestry the Fifth Edition (March 2011) of Virginia’s
Forestry Best Management Practices for Water Quality Technical
Manual, as amended. The Virginia Department of Forestry will oversee
October 30, 2024 Page 38 of 51
and document installation of best management practices and will monitor
in-stream impacts of forestry operations in Chesapeake Bay Preservation
Areas. This exemption shall not apply to land disturbing activities on
land in an agriculturally zoned district which is not used directly for the
management of agricultural crops, forest crops and livestock, or land
which has been rezoned or converted, or proposed to be rezoned or
converted, at the request of the owner or previous owner, from an
agricultural to a residentially, commercially or industrially zoned district
or use.
C. Nonresidential uses which are located over 100 feet from, and are not
adjacent to, R, R-MF or R-TH Districts, or any property used for
residential purposes, schools, child care centers, playgrounds, shopping
centers, libraries, hospitals, public institutions or similar facilities shall be
exempt from the provisions of Section 19.1-550.
Sec. 19.1-527. Exemptions and Exceptions.
A. Exemptions. Public utilities, railroads, public roads, and facilities
exemptions.
1. Construction, installation, operation and maintenance of electric,
natural gas, fiber-optic and telephone transmission lines, railroads
and public roads and their appurtenant structures in accordance with
the Erosion and Sediment Control Law (§62.1-44.15:51 et seq.), and
the Stormwater Management Act (§62.1-44.15:24 et seq.), or an
erosion and sediment control plan and stormwater management plan
approved by the Virginia Department of Environmental Quality. The
exemption of public roads is further conditioned as follows:
optimization of the road alignment and design, consistent with other
applicable requirements, to prevent or otherwise minimize
encroachment in the Resource Protection Area and adverse impacts
on water quality.
2. Construction, installation and maintenance of water, sewer, natural
gas, and underground telecommunications and cable television lines
owned, permitted, or both, by the county or a regional service
authority shall be exempt from this division's requirements, provided
that:
a. To the degree possible, the location of such utilities and facilities
should be outside resource protection areas.
b. No more land than necessary shall be disturbed to provide for the
proposed utility installation.
c. All construction, installation and maintenance of such utilities
and facilities shall be in compliance with any applicable federal,
state and local requirements and permits and designed and
conducted in a manner that protects water quality.
d. Any land disturbance exceeding an area of 2,500 square feet shall
comply with all erosion and sediment control requirements of
chapter 8 of this code.
B. Exceptions.
1. Findings. Exceptions to the requirements of Sections 19.1-524. and
19.1-525. may be granted, subject to the procedures set forth in 19.1-
October 30, 2024 Page 39 of 51
527.B.2. if a finding is made that:
a. The requested exception is the minimum necessary to afford
relief.
b. Granting the exception shall not confer any special privileges
upon the applicant that are denied by this division to other
property owners who are subject to its provisions and who are
similarly situated.
c. The exception is in harmony with the purpose and intent of this
division and will not result in a substantial detriment to water
quality.
d. The exception request is not based on conditions or circumstances
that are self-created or self-imposed.
e. Reasonable and appropriate conditions are imposed, as warranted,
that will ensure that the permitted activity will not cause a
degradation of water quality.
f. The request is being made because of the particular physical
surroundings, use, shape or topographical conditions of the
specific property involved or property adjacent to or within 100
feet of the subject property, or a particular hardship to the owner
will occur, as distinguished from a mere inconvenience, if the
strict letter of this division is carried out.
2. Exception process.
a. Exceptions to Requirements of Section19.1-524.
1) A request for an exception to the requirements of Section
19.1-524., except for an encroachment permitted under
Section 19.1-524.D., shall be made in writing to the planning
department for action by the board of supervisors. It shall
identify the impact of the proposed exception on water
quality, on public safety and on lands within the resource
protection area through development of a water quality impact
assessment which complies with Section 19.1-524.E.
Exception requests seeking relief from the best management
practice facility safety measures and design criteria required
in Sections 19.1-550. and 19.1-551. shall not require the
completion of a water quality impact assessment if the request
is supported by documentation which demonstrates that the
request will not be detrimental to public safety and welfare.
2) The planning department shall notify the affected public of
any such exception requests and the board of supervisors shall
consider these requests during a public hearing in accordance
with Va. Code § 15.2-2204, except that only one hearing shall
be required.
3) The board of supervisors shall review the request for an
exception and the water quality impact assessment and may
grant the exception with such conditions and safeguards as
deemed necessary to further the purpose and intent of this
division only if the board makes the findings set forth in
Section 19.1-527.B.1.
4) If the board of supervisors cannot make the required findings
October 30, 2024 Page 40 of 51
or refuses to grant the exception, it shall return the request for
an exception together with the water quality impact
assessment and the written findings and rationale for the
decision to the applicant.
b. Exceptions to the Requirements of Section 19.1-525. Upon
written request, the director of environmental engineering may
approve exceptions to the requirements of Section 19.1-525 when
the director finds that the criteria of Section 19.1-527.B.1. have
been satisfied.
Sec. 19.1-528. Improvement Sketches.
A. Uses Requiring Improvement Sketch. Except as provided in Section
19.1-544., an improvement sketch shall be submitted and approved for
any use in a Chesapeake Bay preservation area which exceeds 2,500
square feet of land disturbance and for which neither site plan nor
subdivision approval is required.
B. Preparation and Submission of Improvement Sketch.
1. Requests for improvement sketch review and approval shall be
accompanied by:
a. The applicant's certification that he will perform the measures
included on the improvement sketch; and
b. Copies of the improvement sketch, as required by the director of
environmental engineering.
For any land use or development described in Section 19.1-528.A.
requiring a building permit, the building permit application shall be
accompanied by an improvement sketch for review and approval. The
applicant's signature on the building permit application shall
constitute his certification that he will perform the measures included
on the approved improvement sketch. For any other land use or
development, the improvement sketch shall be submitted directly to
the department of environmental engineering for review and
approval.
2. When necessary and applicable, as determined by the director of
environmental engineering, every improvement sketch shall be
prepared in the following manner and show the following
information:
o The boundary of the entire tract by metes and bounds;
o Parking areas and driveways;
o Recreation areas, common areas and open space;
o The area of the entire tract and impervious areas;
o Building restriction lines, including Chesapeake Bay
preservation areas, existing and proposed utility easements,
and required setbacks;
o Existing and finished topography with a maximum of five-
foot contour intervals;
o Storm drainage systems including natural and artificial
watercourses;
o All existing and/or proposed improvements, including wells
and primary and secondary drainfields;
o The limits of any established 100 year floodplains and the
location of mapped dam break inundation zones;
o All buildings and structures;
o The limits of land disturbance;
October 30, 2024 Page 41 of 51
o All erosion control measures;
o Pollutant removal requirement calculations; and
o Best management practices satisfying pollutant loading
requirements.
3. The director of environmental engineering shall review the
improvement sketch for general completeness and compliance with
the regulations and requirements of this division.
C. Improvement Sketch Processing.
1. The director of environmental engineering shall approve or
disapprove an improvement sketch in accordance with the regulations
and requirements of this division within 30 days of the improvement
sketch's submission date, if practicable. Such approval or disapproval
by the director of environmental engineering may include approval or
disapproval of the building permit application.
2. Any person aggrieved by the director of environmental engineering's
decision approving or disapproving an improvement sketch may
appeal such decision in accordance with Section 19.1-29.C.
D. Period of Improvement Sketch Validity. An approved improvement
sketch shall become null and void if no significant work is done or
development is made on the site within six months after final approval.
There shall be no clearing or grading of any site without approval of an
improvement sketch by the director of environmental engineering.
E. Minor or Major Adjustment in Approved Improvement Sketch.
1. After an improvement sketch has been approved, minor adjustments
to the sketch which comply with the purpose of this division and
other provisions of this chapter may be approved by the director of
environmental engineering. Deviation from an approved
improvement sketch without the director of environmental
engineering's written approval shall void the sketch, and the applicant
shall be required to submit a new improvement sketch.
2. Any major revision to an approved improvement sketch shall be
made in the same manner as originally approved. For these revisions,
the director of environmental engineering may waive any
requirements of this division that he finds to be unnecessary to insure
compliance with this division's requirements.
F. Development to be in Accordance with Improvement Sketch;
Prerequisite to Issuing Building Permit.
1. It shall be unlawful for any person to develop, change, or improve
any land or construct, erect or structurally alter any building or
structure for which an improvement sketch is required, except in
accordance with an approved improvement sketch.
2. No building permit shall be issued to construct, erect or structurally
alter any building or structure that is subject to the provisions of this
division until an improvement sketch has been submitted and
approved.
Sec. 19.1-529. Nonconforming Uses, Vested Rights and Other Exceptions.
A. In addition to the requirements of this chapter, no use which is
nonconforming to the requirements of this division and located in a
October 30, 2024 Page 42 of 51
Chesapeake Bay preservation area, shall be enlarged, extended,
reconstructed, substituted or structurally altered unless the director of
environmental engineering grants an exception pursuant to Section 19.1-
527, and also finds that:
1. There will be no net increase in the nonpoint source pollution load;
and
2. Any development or land disturbance exceeding an area of 2,500
square feet complies with all erosion and sediment control
requirements of Chapter 8 of this code.
This exception for nonconforming uses is not available for the expansion
of accessory structures.
B. This division shall not be construed to prevent the reconstruction of pre-
existing structures, including accessory structures within Chesapeake
Bay Preservation Areas from occurring as a result of casualty loss, unless
otherwise restricted by applicable ordinance.
C. The provisions of this division shall not affect the vested rights of any
landowner under existing law.
D. The provisions of this division shall not be construed to require or allow
the taking of private property for public use without just compensation.
OOO
Sec. 19.1-570. Definitions
Adaptation measure: A project, practice, or approach to mitigate or address
an impact of climate change including sea-level rise, storm surge, and flooding
including increased or recurrent flooding.
OOO
Canopy tree: A tree that typically reaches 35 feet in height or taller when
mature.
OOO
Mature tree: A canopy tree with a diameter at breast height (DBH) of 12
inches or greater or an understory tree with a DBH of four (4) inches or greater.
OOO
Storm surge: The resulting temporary rise in sea level due to the action of
wind stress on the water surface and low atmospheric pressure created during
storms which can cause coastal flooding. Surge is the difference from expected
tide level. Storm tide is the total water level. The Category 3 National Hurricane
Center Storm Surge Risk Map shall be used for Resiliency Assessments.
OOO
Understory tree: A tree that typically reaches 12 to 35 feet in height when
mature.
OOO
(2) That this ordinance shall become effective immediately upon adoption.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
October 30, 2024 Page 43 of 51
Nays: None.
B. To Consider an Ordinance to Amend the Zoning Ordinance
Relative to Public Notice
Mr. Andy Gillies, Director of Planning, introduced
the public hearing to consider an ordinance to amend
the Zoning Ordinance relative to public notice.
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 Ms. Schneider,
the Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND
REENACTING SECTION 19.1-42 OF THE ZONING ORDINANCE
RELATIVE TO PUBLIC NOTICE
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 19.1-42 of the Code of the County of Chesterfield, 1997, as
amended, is amended and re-enacted, to read as follows:
Chapter 19.1
ZONING
OOO
Sec. 19.1-42. Notices and Posting.
A. Notice Generally and Contents of Notice. Unless otherwise stated in
this chapter, the planning department shall prepare a notice for each
zoning approval, appeal of the planning director’s decision, interpretation
of a zoning district map, historic district or designation of historic district
or landmark sites, comprehensive plan amendment, ordinance
amendment, schematic plan, administrative site plan, or planning
commission site plan. The notice for the proposal shall identify the place
or places within the locality where copies of the proposal may be
examined. No land may be zoned to a more intensive use classification
than was contained in the proposal made available for examination. Such
notices shall specify the time and place of any hearing at which persons
affected may appear and present their views.
For all applications, the notice shall include the land use and density, if
any, recommended in the comprehensive plan. For any application that
includes a residential land use, the notice shall include the proposed
density and/or maximum number of dwelling units.
For administrative variances, the notice shall also state that the planning
director will approve or disapprove the application no sooner than 21
days of the postmarked date of notice and advise the recipient of the
opportunity to respond in writing to the application prior to the expiration
of the 21 days.
B. Newspaper. Notice of a hearing for the following proposals shall be
advertised twice in a newspaper published, or having general circulation,
in the county, with the first notice appearing no more than 28 days before
and the second notice appearing no less than seven days before the date
October 30, 2024 Page 44 of 51
of the meeting referenced in the notice.
• zoning approval or zoning district map amendment;
• ordinance or amendment thereto;
• appeal of decision of the director of planning to the board of
zoning appeals;
• interpretation of the zoning map by the board of zoning appeals;
• comprehensive plan amendment; or
• a historic district or designation of landmark or landmark site.
For any proposed amendment of the zoning ordinance involving a change
in zoning map classification of 250 or fewer lots of land, or a change in
the applicable zoning ordinance text regulations that decreases the
allowed density of any lot of land, the newspaper advertisement shall
include the street address or the tax map parcel number of the lots, the
approximate acreage subject to the action, and a link to a map of the
subject area.
For any proposed amendment of the zoning ordinance involving a change
in zoning map classification of more than 250 lots of land, the newspaper
advertisement shall include the approximate acreage subject to the action,
a description of the boundaries of the area subject to the changes, and a
link to a map of the subject area.
C. [RESERVED]
D. Posting of Property. The planning department shall post a notice of the
application on the land or building involved for each application for
zoning approval, appeal of the planning director’s decision, schematic
plan, administrative site plan, or planning commission site plan. The
notice shall be posted at reasonable intervals along roads abutting the
area subject to the zoning request, or, if there is no abutting road, at the
proposed road or entrance into the area subject to the zoning request, in
locations reasonably visible from existing roads. The holding of a public
hearing or the validity of action on an application shall not be affected by
the unauthorized removal of a notice which has been posted in
accordance with this section. Postings shall meet the following deadlines:
1. Administrative Site Plans. Posting shall occur at least 10 days prior
to the approval or disapproval of an administrative site plan; and
2. Administrative Variances. Posting shall occur at least 14 days prior
to the approval or disapproval of an administrative variance.
3. All Other Applications. Posting shall occur at least 21 days before
the date of the first hearing.
E. Notice to Subject Property Owners, Adjacent Property Owners and
Specific Others.
1. Notice Recipients. For properties located within the county, staff
will obtain the names and addresses of property owners from the
department of real estate assessments. For property which lies outside
the county, the applicant shall provide the planning department with
the names and addresses of those property owners which shall be
obtained from the real estate assessor’s office of the applicable
locality.
a. Zoning Approval, Appeal of the Decision of the Director of
Planning, Historic District or Landmark Designation, Schematic
Plan, Administrative Site Plan or Planning Commission Site Plan
Applications. The planning department shall provide written
October 30, 2024 Page 45 of 51
notification of these applications to the following:
• the owner of the subject property;
• except for Zoning Approvals involving a change in
zoning map classification of more than 250 existing
lots, persons owning any adjacent property, including
property across any road, railroad right-of-way, or
body of water;
• if the subject property is located at, or within 100 feet
of, the intersection of any 2 or more roads or within
100 feet of the intersection of the right-of-way of any
2 railroads, the owners of property situated at all
corners of the intersection;
• if the subject property is located within 0.5 miles of the
boundary of an adjoining locality, that locality’s chief
administrative officer or designee;
• if the subject property is located within 3,000 feet of the
boundary of a military base, installation, airport, excluding
armories operated by the Virginia National Guard, the
commander of the applicable military operation; and
• if the subject property is located within 3,000 feet of the
boundary of a public use airport, the owner of the airport.
b. Amendment to Condition of Zoning, Conditional Use, or
Conditional Use Planned Development. In addition to those
persons outlined in 1.a., the planning department shall notify in
writing all owners whose property was subject to the original
zoning or condition provided such property is located within
1,500 feet of the subject property.
c. Zoning Approval. In addition to those persons outlined in
1.a. and 1.b., if the subject property is located within a
development containing open space, the planning department
shall notify in writing any incorporated property owner’s
association within the development.
d. Zoning Ordinance Text Amendments Decreasing
Allowable Density. Except for the owners of subdivision lots
having less than 11,500 square feet, the planning department shall
notify, in writing, the owners of property which may be impacted
by a zoning ordinance text amendment that would decrease the
allowable dwelling unit density of their lot.
e. Zoning Approval for a Communications Tower. In
addition to those persons outlined in 1.a., 1.b. and 1.c., the
planning department shall notify in writing all owners of property
within 1,500 feet of the subject property.
f. Comprehensive Plan Amendments. The planning department
shall provide written notice of a proposed comprehensive plan
amendment to the following:
• if the proposed amendment impacts property within 0.5 mile
of the boundary of an adjacent locality, that locality’s chief
administrative officer or designee;
• if the subject property is within 3,000 feet of the boundary of
a military base, installation, airport, excluding armories
October 30, 2024 Page 46 of 51
operated by the Virginia National Guard, the commander of
the applicable military operation; and
• if the subject property is within 3,000 feet of the boundary of
a public use airport, the owner of the airport;
• if the proposed amendment designates or alters previously
designated corridors or routes for electric transmission lines
of 150 kilovolts or more, each electric utility with a
certificated service territory that includes all or any part of
such designated electric transmission corridors or routes.
2. Notice Deadline.
a. For those applications requiring notice to commanders of
military operations or owners of public use airports, the notice
shall be postmarked a minimum of 30 days before any hearing.
b. For those applications requiring notice to an electric utility
or an adjacent locality’s chief administrative officer or designee,
the notice shall be postmarked a minimum of 10 days before any
hearing.
c. Administrative site plan and planning commission site
plan notices shall be postmarked a minimum of 10 days prior to
approval or disapproval of the plan.
d. Schematic plan notices shall be postmarked a minimum of
21 days before any hearing.
e. Administrative variance notices shall be postmarked a
minimum of 21 days prior to approval or disapproval of the
variance.
f. All other required notices shall be postmarked a minimum
of 5 business days before any hearing.
3. Notice Mailing. The required notice shall be sent by
registered, certified or first class mail. If the notice is provided by
first class mail, the planning department shall make affidavit that the
mailings were made and file the affidavit with the papers of the case.
If a public hearing is continued or deferred to a date that has not
previously been advertised, notice shall be re-mailed. If a public
hearing is either continued, deferred to a date that has been
previously advertised, or if a public hearing is closed and the decision
deferred to a later date, notice shall not be required to be re-mailed.
4. Waiver of Notice. A person shall be deemed to have waived the right
to challenge the validity of proceedings for which written notice is
required if the person did not receive the required notice, but had
actual notice of, or actively participated in, the proceedings.
OOO
(2) That this ordinance shall become effective immediately upon adoption.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
C. To Consider an Ordinance to Amend the Zoning Ordinance
Relative to Vested Rights and Nonconforming Uses
Mr. Gillies introduced the public hearing to consider
an ordinance to amend the Zoning Ordinance relative to
October 30, 2024 Page 47 of 51
vested rights and nonconforming uses.
At Mr. Carroll's request, Mr. Mincks provided a more
detailed explanation of reliance on governmental
approvals, and discussion ensued.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public
hearing was closed.
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND
REENACTING SECTION 19.1-3 OF THE ZONING ORDINANCE
RELATIVE TO VESTED RIGHTS AND NONCONFORMING USES
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 19.1-3 of the Code of the County of Chesterfield, 1997, as
amended, is amended and re-enacted, to read as follows:
Chapter 19.1
ZONING
OOO
Sec. 19.1-3. Nonconforming Uses, Buildings and Structures--Excluding
Signs.
A. Generally. Except as otherwise provided in this chapter, any lawful use,
building or structure existing at the time of an amendment of this chapter
may be continued even though such use, building or structure may not
conform to this chapter's provisions and shall be deemed nonconforming.
A change in occupancy or ownership shall not affect the right for the use
to continue or the building or structure to remain. A building permit,
conditional use or special exception lawfully granted before June 24,
2015 shall not be affected by this provision.
B. Enlargement, Extension, Reconstruction, Substitution or Structural
Alteration of Nonconforming Use. Except where otherwise provided, a
nonconforming use, building or structure shall not be enlarged, extended,
reconstructed, substituted or structurally altered except when required by
law or lawful order or as follows:
1. The use is changed to a use permitted in the district in which it is
located;
2. A nonconforming use may be extended throughout any part of a
building or structure which was arranged or designed for the use on
or before June 24, 2015, provided there are no structural alterations,
expansion or enlargement except those required by law or lawful
order;
3. A building or structure that is conforming as to use, but is
nonconforming as to the requirements of this chapter, including floor
area, lot, yard, road frontage, distance, parking, loading spaces,
fences, signs or height requirements may only be enlarged or
structurally altered if the alteration or enlargement complies with this
chapter;
October 30, 2024 Page 48 of 51
4. A nonconforming use which has ceased for more than 2 years shall
not again be used for a nonconforming use;
5. A nonconforming use may be changed to another use permitted
within the same zoning district where the nonconforming use is first
permitted or to a use first permitted in a less intense zoning district;
however, if the use is changed to one which is first permitted in a less
intense zoning district, it shall not later be changed back to a use that
is first permitted in the more intense district; and
6. Additionally, a nonconforming building or structure shall include
those circumstances where:
a. The county has issued a building permit or other permit
authorizing construction and the building or structure was
constructed in accordance with the building permit, and upon
completion, the County issued a certificate of occupancy;
b. a property owner, relying in good faith on the issuance of a
building permit, incurs extensive obligations or substantial
expenses in diligent pursuit of a building project that is in
conformance with the building permit and the Uniform Statewide
Building Code (§ 36-97 et seq.); or
c. the owner of the building or structure has paid real estate taxes to
the County for such building or structure for a period of more
than the previous 15 years.
Any such building or structure may be brought into compliance with
the Uniform Statewide Building Code without affecting the
nonconforming status of the building or structure.
7. Additionally, a nonconforming building or structure shall include
those circumstances where:
a. a permit was not required and an authorized governmental official
informed the property owner that the structure would comply
with the zoning ordinance; and
b. the improvements were then constructed accordingly.
In any proceeding when the authorized county official is deceased or
unavailable to testify, uncorroborated testimony of the oral statement
of such official shall not be sufficient evidence to prove that the
authorized county official made such statement.
8. A nonconforming building or structure may be repaired, rebuilt or
replaced after being damaged or destroyed by a natural disaster or
other act of God or accidental fire provided that:
a. the nonconforming features are eliminated or reduced to the
extent possible, without the need to obtain a variance or other
zoning approval;
b. the requirements of the floodplain regulations of this chapter are
met; and
c. the work is done within 2 years unless the building is in an area
under a federal disaster declaration and was damaged or
destroyed as a direct result of the disaster, in which case the time
period shall be extended to 4 years.
For purposes of this section, "act of God" shall include any natural
October 30, 2024 Page 49 of 51
disaster or phenomena including a hurricane, tornado, storm, flood,
high water, wind-driven water, tidal wave, earthquake or fire caused
by lightning or wildfire. Nothing herein shall be construed to enable
the property owner to commit an arson under the Code of Virginia
and obtain vested rights under this section.
9. A nonconforming manufactured home within a manufactured home
park may be replaced with another comparable manufactured home
that meets the HUD manufactured housing code. In such
circumstances, a single-section home may replace a single-section
home and a multi-section home may replace a multi-section home. A
nonconforming manufactured home located on an individual lot may
be replaced with a newer manufactured home, either single- or multi-
section, that meets the HUD manufactured housing code.
OOO
(2) That this ordinance shall become effective immediately upon adoption.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
D. To Consider Continuation of Lease of Henricus
Historical Park with the Henricus Foundation
Mr. Neil Luther, Director of Parks and Recreation,
accompanied by Mr. George Drumwright, chair of the
Henricus Foundation Board of Directors, introduced the
public hearing to consider the continuation of a lease
of Henricus Historical Park with the Henricus
Foundation.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public
hearing was closed.
In response to Mr. Ingle's question relative to
whether a conflict of interest exists because of Ms.
Schneider's and his service on the Henricus
Foundation's board of directors, Mr. Mincks stated
there is no conflict.
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board approved the continuation of a lease of Henricus
Historical Park with the Henricus Foundation and
authorized staff to execute the lease. (It is noted a
copy of the lease is filed with the papers of this
Board.)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
E. To Consider the Lease of County Property Adjacent to
the Meadowville Wastewater Pump Station at 1398
Bermuda Hundred Road
Real Property Manager Lynn Snow introduced the public
hearing to consider the lease of county property
adjacent to the Meadowville Wastewater Pump Station at
1398 Bermuda Hundred Road.
Mr. Holland called for public comment.
October 30, 2024 Page 50 of 51
There being no one to speak to the issue, the public
hearing was closed.
On motion of Dr. Miller, seconded by Ms. Schneider,
the Board approved 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.
19. Fifteen-Minute Citizen Comment Period on Unscheduled Matters
There were no requests to address the Board at this
time.
20. Adjournment
A. Adjournment and Notice of Next Scheduled Meeting of
the Board of Supervisors
On motion of Mr. Carroll, seconded by Ms. Schneider,
the Board adjourned at 8:29 p.m. to the Chesterfield
Chamber Legislative Breakfast on November 7, 2024, at
8:30 a.m. at Virginia State University, to then
adjourn to the Powhite Parkway Project Environmental
Impact Statement Public Information Meeting on
November 7, 2024, at 5:30 p.m. at Chesterfield Career
and Technical Center, Hull Street Campus, to then
adjourn to the regularly scheduled Board of
Supervisors' meeting on November 13, 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
October 30, 2024 Page 51 of 51
Citizen Comments Received Through the Comment Portal October 30, 2024 Board of Supervisors Meeting
Comment Type Comment Name District
No comments were received through the comment portal
for the October 30, 2024 Board of Supervisors meeting.