2019-09-25 Minutes9
BOARD OF SUPERVISORS
MINUTES
September 25, 2019
Supervisors in Attendance:
Ms..Leslie A. T. Haley, Chair
Mr. Stephen A. Elswick,- Vice Chair
Ms. Dorothy A. Jaeckle
Mr. Christopher M. Winslow
Mr. James M. Holland
..Dr. Joseph P. Casey
County Administrator
Ms. Haley called the meeting to order at 2:00 p.m.
1. APPROVAL OF MINUTES FOR AUGUST 28, 2019
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
approved the minutes of August 28, 2019, as submitted.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
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 - MENTAL'HEALTH SUPPORT SERVICES
Dr. Casey noted the enhanced audio and visual system in Room
502.
Ms.. Kelly Fried, Mental Health Director, provided details to
the. Board .of Supervisors regarding the department's award
winning "Safe ' Storage and Disposal" campaign. She stated
through the month of March, Mental Health Support Services is
promoting the .proper disposal of expired or unused
medications through its "Don't Be An Accidental Drug Dealer"
campaign. She further stated as part of the campaign, free
medication disposal pouches are available for pick up at
various,locations throughout the county..
Mr.. Holland commended Ms. Fried and her staff ford' their
tremendous efforts.
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4. CLOSED SESSION (1) PURSUANT TO SECTION 2.2-3711(A)(5.),
CODE OF VIRGINIA, 1950,.AS AMENDED, TO DISCUSS OR,
CONSIDER PROSPECTIVE 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; AND (2) PURSUANT TO SECTION
2.2-3711(A)(1) PERTAINING TO THE PERFORMANCE OF A
SPECIFIC COUNTY EMPLOYEE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
went- into closed session (1) pursuant to section 2.2-
3711(a)(5), Code of Virginia, 1950, as amended, to discuss or
consider prospective' 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; and (2) pursuant to section 2.2-
3711(.a)(1) pertaining to the performance of a specific county
employee - we need a motion to go into closed session.
Ayes: Haley,,Elswick, Jaeckle,'Winslow and Holland.
Nays: None.
Reconvening:
On motion of Mr. Winslow, seconded by Mr. Holland, the Board.
adopted the following resolution:,
-WHEREAS, the Board of Supervisors has this day.adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the, Virginia, Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed.Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from, open meeting requirements under the Freedom of
Information Act were discussed in Closed Session to which
this certification applies, and ii) only such business
matters were identified in. the motion by which the 'Closed
Session was convened were heard, discussed or considered by
the Board. No member dissents from this certification.
Ms.
Jaeckle
Aye.
Mr.
Holland
Aye.
Mr.
Winslow
.Aye.
Mr.
Elswick
Aye.
_Ms.
Haley
Aye.
Reconvening:
5., WORK SESSIONS
5.A. SCHOOLS/COUNTY MAJOR MAINTENANCE UPDATE
Mr. Clay Bowles; Director of 'General Services, provided an
update to .the Board of Supervisors regarding the status of
various facilities, major maintenance efforts and projects.
He stated staff has completed the data import from the
facility conditionassessments into the Capital Forecast
module of the. maintenance work order -system. He noted a
review of the data for accuracy and completeness is ongoing.
He stated from the inception of the program, staff has placed
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an emphasis on integration of Building and Grounds trades in
planning processes to ensure their "boots on the ground"
perspective is used to refine project prioritization and cost
estimates. He noted dedicated staffing resources are
allocated for forecasting and cost estimate refinement. He
stated overall, HVAC projects will continue to be the largest
expenditure category for at least FY20 and FY21 budget
cycles, but staff is steadily completing planned replacements
which will allow greater levels of funding in other
categories. He further stated project workload will continue
to stretch existing project management staffing;, however,
there will continue to be focus on continual prioritization
refinement to maximize productivity. He stated overall, the
county continues to maintain a strong commitment to major
maintenance funding with a comprehensive focus including
facilities, parks, stormwater, and -information technology. He
further stated encumbrances and actual expenditures continue
to increase year over year, which reflects the typical
project pattern where system planning and design time leads
into construction in a subsequent budget year. He noted this
is particularly true for HVAC system replacement projects,
which are currently the department's largest project and
expenditure category. He then reviewed numerous projects that
are currently in various stages of completion. In closing, he
stated administratively, the department will continue ongoing
efforts to refine project planning and prioritization, as
well as refine cost estimating data by comparing projected
costs in the software system versus actual project costs.
Mr. Elswick recommended ,that staff consider providing
sprinkler systems in the county's historical buildings and
requested details of plans to alleviate standing water at the
main entrance to the Administration Building.
Ms. Nita Mensia-Joseph, Chief Operations Officer for
Chesterfield County Public Schools, accompanied by Mr. John
Thumma, Director of Maintenance, provided details to the
Board of Supervisors relative _ to major maintenance,
specifically program strategy, program infrastructure,
spending, project tracking, HVAC catch-up, safety and
security update, and other projects. She noted HVAC and
safety and security projects will remain a top priority and
reviewed the program strategy' to purchase equipment and'
repair to match facility life expectancy.
Ms. Jaeckle inquired about the correlation between school
HVAC maintenance and recent cooling tower repairs.
Regarding program infrastructure, Ms. Mensia-Joseph stated
there is a strong effort with maintenance trade workers to
confirm_ priorities and work sequencing. She further stated
staff is assigned to review and manage data import and is in
the process of hiring dedicated staff to manage capital
programs utilizing the capital forecast module import.,
Regarding major,maintenance spending, she stated encumbrances
roll over from year to year and projects may start in one
year and are completed in subsequent years. She further
stated actuals plus encumbrances accurately reflects the work
planned for that year with the understanding that it can take
multiple years to complete major maintenance work. She noted
Major maintenance is moving aggressively based on the
prioritization strategy. She stated construction has provided
quarterly reports electronically to the county and to all
school leadership starting in FY2019; projects are tracked
internally; and hyperlinks are imbedded in the original
document for greater project status detail.
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Mr. Thumma then reviewed 'several major maintenance HVAC
replacement projects, safety and security projects and other
major maintenance.
In closing, Ms. Mensia-Joseph highlighted a number of future
school major maintenance projects and reviewed year -by -year
spending.
Discussion, ensued relative to quarterly electronic reports of
the status of major maintenance and procurement, a review of
additional CIP funds through 2022 and major system equipment
functionality.
5.D. MENTAL HEALTH SUPPORT SERVICES ANNUAL UPDATE
On behalf of the Chesterfield Community Services Board (CSB),
Mr. Patrick Knightly, Vice -Chairman of the CSB, Ms. Kelly
Fried, Mental Health Support Services Director, reviewed
information concerning numbers served, revenue and
expenditures, fund performance and agency highlights,
initiatives and challenges.
Ms. Fried stated the goal of the department is to promote
wellness and an improved quality of life for Chesterfield
residents through exceptional and comprehensive behavioral
health and developmental services. She further stated ,staff
served almost 7,000 people last year most of whom were served
by one of the department's intellectual. or developmental
disability programs, followed by mental health and substance
use disorders. She noted this is the first time that numbers
served for those with intellectual disabilities surpassed
those for mental health, which is primarily' due to providing
case management services to the developmental disability
population. She stated of the $43:6 million in revenue, the
majority is Medicaid funds at $22.5 million, followed by
Chesterfield County's contribution at $12.2 million and then
state and federal funds at $6.0 million. She, further stated
of the $43.6 million in expenditures, the highest
expenditures are for individuals with development
disabilities, followed by mental health services and
substance use disorders. _She stated results of.operations in
FY2019 added an additional $654,035 bringing the total to
$7.1 million. She further stated staff has seen an increase
in Medicaid revenue from individuals receiving substance use
services who otherwise would have to depend on grant funding
to subsidize their needed services. She then highlighted key
initiatives for FY2019 which include receival of the 8th
consecutive 3 -year CARF accreditation; Rogers Building HVAC
renovation; completed FY20-21 strategic plan; implemented
primary case and outpatient requirements of STEP -VA; Medicaid
waiver funding changes resulted in increased employment for
individuals with intellectual disabilities; and received the
NACo award for `Safe Storage and Disposal' campaign.
Regarding partnerships, she stated the partnerships and
collaborative working relationships with the criminal justice
system continue to make an impact on individuals throughout
the community. She reviewed several examples of partnership
which include the response to the VA Beach tragedy - Family
Assistance Center; Crisis Intervention Team training; Crisis
Triage Center - Richmond Community Hospital; Mobile
Integrated Healthcare Team; working collaboratively with HARP
in the jail and with court clinicians to divert individuals
into treatment; and the Mobile Community REVIVE! program.
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Discussion ensued relative to Ms. Jaeckle's inquiry regarding
following up with individuals who overdose after acquiring
Narcan.
Ms. Fried continued her presentation by reviewing the
partnership with the school division. She stated personnel at
a school will do risk assessments on children and if the
assessment is more than a moderate level, Crisis staff 'will
,be contacted for consultation. She further stated they will
then determine whether they can safely plan with the parent
or if other involvement is needed.
Ms. Jaeckle inquired about the number of times Mental Health
Support Services has been contacted by the school division
for crisis intervention.
In closing, Ms. Fried reviewed key initiatives and challenges
specifically related to recruitment and retention;
state/regional issues; and mental health affordable housing.
She noted during the next fiscal year, staff will be
releasing an RFP to upgrade the current electronic health
record. She stated ,"this will be a positive step in reducing
the administrative burdens on staff.
Discussion ensued relative to affordable rental units for
individuals with mental health and substance use issues;
populations served through programs and services; and
Medicaid Expansion.
5.B. PUBLIC SAFETY COMMUNICATIONS SYSTEM/CAD UPDATE
Captain Wesley Fertig provided an update to the Board of
Supervisors regarding the Public Safety Communications System
Replacement Project. He stated the radio system is a fully
modernized Motorola system that is supported and maintained
over a 20 -year period, which is fully interoperable with
regional partners. He further stated the system includes 6
new radio towers with a refurbishment and upgrade of all 9
existing. towers. He noted the project will include the most
current software -based system, with a redundant backup
design; all new hand-held and in -vehicle radios; and all new
Emergency Communications Center 911 equipment and, furniture.
He then reviewed benefits of the new radio system which
include guaranteed comprehensive coverage in all critical
buildings, including all schools and hospitals; officer,
deputy and firefighter safety: GPS location on portable
radios (emergency); replacement of existing aging public
safety radios; highly reliable and redundant capabilities;
enhanced interoperability; and improved radio coverage. He
then highlighted stakeholders involved and the radio project
timeline.
Discussion ensued relative to the radio project timeline.
Regarding project performance, he stated Chesterfield took
delivery and deployed all public safety radios to first
responders several years ago and they have been a major
upgrade. He further stated there have been significant delays
in the timeline and all regional partners have experienced
the same delay and it is not Chesterfield specific. He stated
proactive steps have been taken to correct deficiencies and
it appears the current timeline is achievable and realistic.
He noted the world-class system upgrade will enhance safety
in many ways. Regarding the Computer Aided Dispatch (CAD) and
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Police Records Management System (RMS), he stated the project
will deliver the most current Motorola CAD system available,
with enhanced functionality and interfaces across the board -
with major safety enhancements for personnel. He noted all
new hardware including in -vehicle modems and mounts; all new
mapping and GPS systems for dispatchers and first responders
in the field; and all new police and jail records management
systems to replace the 1997, system. He then highlighted the
CAD and records replacement project current timeline.
Regarding CAD/RMS project performance, he stated to this
point, county stakeholders have been pleased with Motorola's
resource commitment and responsiveness. He further stated
hardware has been delivered and design workshops and
provisioning of the system are well underway.
Discussion ensued, relative to contract provisions regarding
delays in the timeline.
6. REPORTS
6.A., MONTHLY REPORT ON DISTRICT IMPROVEMENT FUNDS
6.B. QUARTERLY KEY FINANCIAL INDICATORS REPORT
The Board accepted the following reports: a Monthly Report on
District' Improvement Funds; and a Quarterly Key Financial
Indicators Report.
7. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD.ON UNSCHEDULED
MATTERS
Mr. Clement Tingley addressed the Board relative to the
Falling Creek Reservoir restoration and provided copies of a
letter to the Board of Supervisors rescinding any previous
authorizations to enter his property for study purposes for
any reason other than those set forth in the original taking
of the property. (It is noted a copy of Mr. Tingley's letter
to the Board of Supervisors is filed with the papers of this
Board.)
8. DINNER
On motion of Ms: Jaeckle, seconded by Mr. Winslow, the Board
recessed to dinner in Room 502 with members of the Community
Services Board.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Reconvening:
9. INVOCATION
The Honorable Leslie Haley, Chair, Board of Supervisors, gave
the invocation.
10. PLEDGE OF ALLEGIANCE
Gold Award recipient Deja Williams ,led the Pledge of
Allegiance to the Flag of the United States of America.
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11. COUNTY ADMINISTRATION UPDATE
• Dr. Casey announced absentee. voting began on September
20 and runs through November 2. He.`stated voters can
request a ballot online or vote in person at the
Registrar's office. He noted a full listing of the
criteria as well as the, online form to request an
absentee ballot are available at the Virginia Department
of Elections website. He stated the Registrar is
scheduled to begin mailing out brand new voter
registration cards to all registered voters in
Chesterfield starting next week and noted -the Registrar
is scheduled to provide a final report on preparedness
for this fall's election at the October Board of
Supervisors meeting.
• Dr. Casey announced Budget and Management was recently
notified by the Virginia Government Finance Officers
Association (VGFOA) that they will be receiving the
Innovations in Government award next month at VGFOA's
fall conference.
• Dr. Casey stated the Henricus Historical Parkwas the
site of -the first institution of higher learning in the
new world, and that 2019 marks the 400th anniversary of
that effort. He encouraged everyone to head out and
experience the park and one of their many exciting
events that are planned for this fall.
5.C. ROAD PROFFER UPDATE
Ms. Meghan Coates, Budget and Management Director, provided
information relative to road proffers post 2016 legislative
change. She reviewed the timeline of the proffer program from
March 1989 through July 2016 when the General Assembly
approved -hew state code language to establish more
restrictive cash proffer provisions. She stated the code
states that a proffer is unreasonable and therefore
unacceptable if: "The new residential development or new
residential use creates a need, or an identifiable portion of
a need, for one or more public. facility improvements in
excess of existing public facility capacity at the time of
zoning and the new residential development receives a direct
and material benefit from a proffer made with respect to any
such public facility improvements." She further" stated
capacity analysis is done on a system -wide approach. She
stated the road category was the only one the four allowable
categories where the system exceeded capacity; and,
therefore, accepting proffers in any category other than
roads would be deemed unreasonable per state code. She
further, stated at the same time, localities across the
-Commonwealth revised their cash proffer policies, while
Albemarle and Norfolk eliminated them altogether. She noted
Chesterfield County moved to road only policy.
In response to Ms. Jaeckle's question, Mr. Mincks stated
there has always been a difficulty in how the law is applied
to the school setting. He further stated capacity was always
an `issue, not only in square footage capacity, but also in
functional capacity. He stated it was a moving target that
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made it very difficult to apply restrictions to that
particular setting.
Ms. Coates continued her presentation by highlighting various
revitalization -supported zoning cases, cash proffer
collections and transportation in-kind improvements.
In response to Ms. Haley's question, Ms. Coates stated what
the county is now receiving on an annual continuous basis in
increased real estate tax revenue, versus what would have
been captured, in a one-time proffer payment that was
hindering various developments in moving forward.
In closing, Ms. Coates reviewed new residential building
permit activity trends and ways to address facility capacity
needs in a post cash proffer environment.
Mr. Holland inquired about 'ways to reduce proffers for
revitalization and recommendations to the Board from the
Community Enhancement Department relative to data collected
from market analysis.
12. BOARD MEMBER REPORTS
Ms. Jaeckle announced- she attended the Carver School
Historical Marker Unveiling/Dedication Ceremony at Carver
Career and Technical Center on September 20th. She stated
Carver High School opened in 1948 for Chesterfield County's
black students and closed in 1970.
Mr. Holland announced the Maggie Walker Community Land Trust
recently sold its first home in Chesterfield, thanks to a
Community Development Block Grant of $500,000 from the
county. He stated a ribbon cutting ceremony was held in the
Dale District for the home on September ,18th. He announced
Meadowbrook High School will host Heritage Night on September
27th. He also announced the redevelopment of TowneBank
underway at the site at Iron Bridge and Lori Road with space
planned on the property for future retail.
Mr. Winslow announced River City Sportsplex was the home of
the inaugural First Responders and Multicultural Community
Cup on September 14th. He stated the cup was a resounding
success where first responders and multicultural communities
came together to build strong relationships and break down
barriers to make safer and healthier neighborhoods and build
trust..
13. RESOLUTIONS
13.A. RECOGNIZING GIRL SCOUT DEJA WILLIAMS, BERMUDA
DISTRICT, UPON ATTAINING THE GOLD AWARD
Ms. Sarah Snead introduced Ms. Deja Williams, who was present
to receive the resolution.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.7 million girls and was
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founded to promote citizenship training and personal
development;. and
WHEREAS, after earning three interest project patches,
earning ,the Girl Scout Gold Leadership Award, the Girl Scout
Gold Career Award, and the Girl Scout Gold 4Bs Challenge
Award, and designing and implementing a Girl Scout Gold Award
project, the Gold Award is the highest achievement award in
Girl Scouting and symbolizes outstanding accomplishments in
the areas of leadership, community, service, career planning,
and personal development; and
WHEREAS, the Girl Scout Gold Award can only be earned by
girls aged 14-18 or in grades 9-12 and is received by less
than 6 percent of those' individuals entering the Girl
Scouting movement; and
WHEREAS, Ms. Deja Williams, Troop 635, has accomplished
these high standards and has been honored with the Girl
Scouts of America Gold Award by the Girl Scout Commonwealth
Council of Virginia, Incorporated; and
WHEREAS, growing through her experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding herself on the great accomplishments of her
country, Deja is indeed a member of a new. generation of
prepared young citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of September 2019,
publicly recognizes . Ms. Deja Williams, extends
congratulations on her attainment of the Gold Award, and
acknowledges the good fortune of the county to have such an
outstanding young woman as its citizen.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Ms. Haley and Ms. Jaeckle presented the executed resolution
and patch to Ms. Williams; accompanied by members of her
family and Ms. Audrey Ross, congratulated her on her
outstanding achievements and wished her well in future
endeavors.
Ms. Williams provided details of her Gold Award project and
expressed appreciation to her family and, friends for their
support.
13.B. RECOGNIZING OCTOBER 15, 2019, AS CHRISTMAS MOTHER DAY
IN CHESTERFIELD COUNTY
Ms.- Danika Briggs introduced Mrs. Lorraine Buck, who was
present to receive the resolution.
On motion of Mr. Winslow, seconded by Mr. Holland,' the Board
adopted the following resolution:
WHEREAS, most families in Chesterfield County enjoy
peace and happiness during the Christmas holidays; and
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WHEREAS, there are many children and elders who are less
fortunate and do not have the means to enjoy this special
time of year; and
WHEREAS, the Chesterfield -Colonial Heights Christmas
Mother Program has successfully provided food, toys, books
and clothing to many of our citizens in the past; and
WHEREAS, Mrs. Lorraine Buck has been elected Christmas
Mother for 2019 and requests the support of all the citizens
of Chesterfield County to ensure that those less fortunate
may enjoy this special season of the year.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board•of Supervisors, this 25th day of September 2019,
publicly recognizes October 15, 2019, 'as "Christmas Mother
Day" and urges all residents of Chesterfield County to
support this worthy endeavor.
AND, BE IT FURTHER ' RESOLVED that the Board of
Supervisors publicly commends the Christmas Mother- Program
for its successful efforts in past years and extends best
wishes for a successful 2019 season.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mrs. Buck and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Ms. Jaeckle presented the executed resolution to Mrs. Buck
and thanked her for her work helping others in the community.
She also presented a contribution to Mrs. Bell on,behalf of
the county.
Mrs. Buck expressed her appreciation to the Board of
Supervisors for. their support- of the Christmas Mother
program. She rioted the variety of ways to- support the
Christmas Mother program including sponsoring a family,
makings a monetary contribution, and volunteering at the
Christmas Center.
13.C. RECOGNIZING MR. JAMES BRYANT', SOCIAL SERVICES
DEPARTMENT, UPON HIS RETIREMENT
Ms. Briggs introduced Mr. James Bryant, who was present to
receive the resolution.
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Mr. James Bryant, began his career in public
social services in Virginia in 1988 and has- been, with
Chesterfield County since January 21, 1992; and
WHEREAS, in his roles as social worker, senior social
worker, supervisor and lead family services specialist in the
Chesterfield -Colonial Heights Department of Social Services,
Mr. Bryant has competently served individuals, families and
the community through the department's child welfare
programs; and
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WHEREAS, Mr.,Bryant has provided services and leadership
in the "areas of child protective services ensuring the. safety
and well-being of countless children and families with
dignity and respect; and
WHEREAS, he has been a dedicated advocate for children
and families through his participation in the local
Multidisciplinary Team; and
WHEREAS, Mr. Bryant has consistently been a team player
with department and county partners as well as the community
at large, resulting in many collaborative 'partnerships,
winning the respect and admiration of colleagues and
citizens; and
WHEREAS, Mr. Bryant served on several department
committees, including the Quality Council,- Systems of Care
Committee, Child Welfare Leadership Team, , Lead. Worker
Committee and the Family Assessment and Planning Team; and
WHEREAS, he has continually worked to improve the social
services system through his contributions on community and
state -level workgroups and task forces addressing policy,
practice, programs and staffing related to'issues like human
trafficking and interagency collaboration.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of September 2019,
publicly recognizes the outstanding contributions of Mr.
James Bryant, expresses the appreciation of all residents for
his service to the county and congratulates him upon his
retirement.
AND, BE IT FURTHER RESOLVED that a copy of the
resolution be presented to Mr. Bryant and that this
resolution be permanently recorded among the papers of this
Board of. Supervisors of Chesterfield County; Virginia.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Ms. Haley presented the executed resolution to Mr. Bryant,
accompanied by members of his family, expressed appreciation
for his valuable service and contributions to the county, and
wished him a happy retirement.
Mr. _..Bryant thanked the Board of Supervisors for the special
recognition and kind sentiments.
Dr. Casey presented Mr. Bryant with an acrylic statue and
county watch, expressed appreciation for his exceptional and
faithful service to the county and wished him well in his
retirement.
A standing ovation followed.
13.D. RECOGNIZING MRS. JUDY C. JONES, PARKS AND RECREATION
DEPARTMENT, UPON HER RETIREMENT
Ms. Sarah Snead introduced Mrs. Judy C. Jones, who was
,present to receive the resolution.
On motion of Mr. Winslow, seconded by Mr. Elswick, the Board
adopted the following resolution:
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WHEREAS, Mrs. Judy C. Jones will retire from the
Chesterfield County Parks. and Recreation Department on
October 1., 2019, after providing 28 years of quality service
to the citizens of Chesterfield County; and
WHEREAS, Mrs. Jones began her career with Chesterfield
County -in
1991
as a Certified
Therapeutic Recreation
Specialist
and
created programs
for older adults and
individuals
with
disabilities, later
obtaining her master's
degree in
Gerontology
and rising
to the position of 50+
Active Lifestyles
Coordinator; and
WHEREAS, Mrs. Jones was instrumental in opening the
Bensley, Ettrick and Stonebridge Recreation Center's, where
thousands of Chesterfield County citizens- have enjoyed
countless educational and recreational programs; and
WHEREAS, Mrs-. Jones developed and managed the 50+ Active
Lifestyles program, which she expanded to hundreds of senior
programs at multiple locations throughout the county. each
year,' enough to fill a 36 -page brochure distributed to over
14,000 residents; and
WHEREAS, Mrs. Jones established critical community
relationships and partnerships that helped to expand the
number of programs available to seniors, which included Parks
and Recreation Department programs being _offered at
Chesterfield Baptist Church, Huguenot Road Baptist Church,
Episcopal Church of Our Savior, St. Marks United Methodist
Church and Bon Air Baptist Church; and
WHEREAS, Mrs. Jones has recruited and developed numerous
volunteers to- establish programs, including the Pickleball
program, Horseplay, an award-winning therapeutic horseback
riding program, and dozens of other programs that have
greatly improved the quality of life in Chesterfield County;
and
WHEREAS, Mrs. Jones was a founding member of
Chesterfield Triad, where she has served on the
organization's Senior Day committee for 20 years, and as a
member of the Chesterfield Council on Aging, the Chesterfield
County Age Wave Planning Committee, and Fun at the
Fairgrounds committee; and
WHEREAS, Mrs. Jones has been an active member of the
Virginia Recreation and Park Society, and has served on the
Virginia Senior Games Committee and as past -chair of the
Senior Resource Group and the SRG annual conference; and
WHEREAS, Mrs. Jones will be greatly missed by -her
colleagues, co-workers, and the citizens of Chesterfield
County, whom she has so expertly served, and her
accomplishments as a model leader with a strong work ethic
for, the department provided an example and guide' for
generations to come, as they live, work and play in the
county they call home.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of September 2019,
publicly recognizes Mrs. Judy C. Jones, and extends on behalf
of its members and the citizens of Chesterfield County,
appreciation for her service to the county, congratulations
upon her retirement, and best wishes for a long and happy
retirement.
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AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mrs. Jones and, that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Ms. Haley presented the executed resolution to Mrs. Jones,
accompanied by members of her family, expressed appreciation
for her valuable service and contributions to the county, and
wished her a happy retirement.
Mrs: Jones thanked the Board of Supervisors for the special
recognition and kind sentiments.
Dr. Casey presented Mrs. Jones with an acrylic statue and
county watch, - expressed appreciation for her exceptional and
faithful service to the county and wished her well in her
retirement.
A standing ovation followed.
13.E. RECOGNIZING DEPUTY COUNTY ADMINISTRATOR WILLIAM D.
"BILL" DUPLER UPON HIS RETIREMENT
Dr. Casey introduced Mr. William D. "Bill" Dupler, who was
present to receive the resolution.
On motion of Mr. Winslow, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Mr. William D. "Bill",. Dupler will retire from
Chesterfield County on September 30, 2019, after providing
over 28 years of dedicated service to the residents of
Chesterfield County; and
WHEREAS, Mr. Dupler began his illustrious career with
Chesterfield County on September 9, 1991, as the Director of
Building Inspection leading a department of 69 employees
dedicated to enforcing the Uniform Statewide Building Code
and property maintenance, thereby ensuring the county's
buildings and structures are safe and maintained for citizens
and visitors to live, work and play; and
WHEREAS, while he was director, Mr. Dupler faced several
challenges, including shrink -swell soil and 'a major fire at
an apartment complex, and through these events he was able to
champion stronger code requirements addressing foundations
and the fire -safety aspects of;apartment buildings; and
WHEREAS, Mr. Dupler's leadership and successful code
enforcement policies empowered the Building Inspection
Department to achieve the highest ISO rating of any county
within the state; and
WHEREAS, Mr. Dupler fostered the professional
development of his staff by supporting participation in the
code development process at the state and national levels
which resulted in at least five staff persons rising to the
position ,of president in-state associations' and numerous
staff persons becoming chairs of code committees both at* the
state and national levels; and
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09/25/19
WHEREAS, Mr. Dupler led by example through his service
as. president of the Virginia Building and Code Officials
Association and then being elected to the National Board of
Directors of the International Code Council and ultimately
being elected as its president in 2011; and
WHEREAS, during his presidency, Mrc Dupler chaired a
committee that dramatically altered the code development
process, to incorporate electronic document submission, status
tracking and remote voting by the membership; and
WHEREAS, Mr. Dupler was promoted to Deputy County
Administrator for Community Development on April 3, 2010,
which oversees the departments of Building Inspection,
Community Enhancement, Economic Development, Environmental
Engineering, Planning, Transportation and Utilities; and
WHEREAS, Mr. Dupler led the recruitment and selection of
eight department directors to form the current leadership
team in the Communitv Development Division; and
WHEREAS, Mr. Dupler ' re -engineered the Quarterly
Developers' meetings to be more interactive, enhancing
communication with the development community; and
WHEREAS, Mr. Dupler managed the county's response to the
2010 drought, the initiation of the county's fourth water
supply proposed on the Appomattox River, coordinated with
Dominion Energy for fly -ash remediation, and led the
redevelopment of Cloverleaf Mall and creation of Stonebridge
Plaza; and
WHEREAS, through his ',leadership, the Community
Development Division oversaw numeroussuccessful economic
development projects, including the largest hummus plant in
the world by Sabra, multiple expansions of Maruchan, the
Chester Amazon Fulfillment Center and Niagara Bottling, .as
well as substantial road improvements throughout the county.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of September,
publicly recognizes Mr. William D. "Bill" Dupler and extends
on behalf of its members and the residents of Chesterfield
County, appreciation for over 28 years of exceptional service
to the county.
AND, BE IT FURTHER'iRESOLVED that a copy of this
resolution be presented to Mr. Dupler, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays :. None .
Ms. Haley presented the executed resolution to Mr. Dupler and
commended him on his many years of outstanding leadership and
his loyal and "committed service to the citizens of
Chesterfield County.
Board members expressed their sincere appreciation to Mr.
Dupler for his valuable professionalism and exemplary career
achievements and wished him a -happy retirement.
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09/25/19
Dr. Casey presented Mr. Dupler with an acrylic statue and
county watch, expressed appreciation for his exceptional and
faithful service to the county and wished him well in his
retirement.
Mr. Dupler, accompanied by his wife, expressed his sincere
appreciation to the Board for the special recognition and
kind sentiments.
A standing ovation followed.
14. NEW BUSINESS
14.A. APPOINTMENTS
14.A.1. GRTC TRANSIT SYSTEM BOARD OF DIRECTORS
On motion of Mr. Winslow, seconded by Mr. Elswick, the Board
nominated/reappointed Mr. Gary Armstrong, Mr-. Daniel Smith
and Mr. Ian Millikan to serve on the GRTC Board of Directors,
whose) terms are effective October 10, 2019, and expire
October 9, 2020.
And, further, the Board authorized the County Administrator
or his designee to appear at the annual meeting and vote on
behalf of the county for the GRTC Directors appointed by the
Chesterfield- County Board of Supervisors , and by the Richmond
City Council.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.A.2. CO -CLERK TO BOARD OF SUPERVISORS
On motion of Mr. Winslow, seconded byr Mr. Holland, the Board
nominated/appointed Ms. Sara Hall to serve as Co -Clerk to the
Board of Supervisors, effective December 12, 2019. (It- is
noted Ms. Hall will become sole Clerk to the Board effective
January 1, 2020 and will serve at the pleasure of the Board.)
Ayes: Haley, Elswick, Jaeckle,-Winslow and Holland.
Nays: None.
14.A.3. HEALTH CENTER COMMISSION
On motion of Ms. Jaeck-le, seconded by Mr. Winslow, the Board
nominated/ appointed Mr. Vernon M. Baker to serve as an At -
Large Commissioner to the Health Center Commission for the
County of Chesterfield, whose term is effective immediately
-and will expire on June 30, 2023.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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09/25/19
14.A.4. DEPUTY COUNTY ADMINISTRATOR
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
approved the appointment of Mr. Jesse Smith as Deputy County
Administrator for Community Development effective October 1,
2019.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Mr. Smith sincerely thanked the Board for their continued
support throughout his career with Chesterfield County.
14.B. CONSENT ITEMS
14.B.1. SET DATES FOR PUBLIC HEARINGS
1.4.B.l.a. TO CONSIDER AN ADDITIONAL LAND LEASE AND FBO
SERVICES AGREEMENT EXTENSION WITH DOMINION
AVIATION SERVICES, INC.
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
set a public hearing for October 23, 2019, to consider an
additional land lease for the construction of an additional
corporate airplane hangar and to consider an extension to the
FBO Services Agreement with Dominion Aviation Services.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14:B.1.b. TO CONSIDER THE ROUTE 1 RESIDENTIAL OVERLAY
ORDINANCE TO PROVIDE FOR HIGH-DENSITY RESIDENTIAL
DEVELOPMENT
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
set a public hearing for October 23, 2019, to consider the
Route 1 Residential Overlay Ordinance to provide for high-
density residential development.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays_: None.
14.B.1.c. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK
TRAFFIC ON WOODS EDGE ROAD AND LAWING DRIVE
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the. Board
set a public hearing for October 23, 2019, to consider the
restriction of through truck traffic on Woods Edge Road and
Lawing Drive from Ruffin Mill Road to Ramblewood Road and Old
Bermuda Hundred Road.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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9
14.B.1.d. TO CONSIDER AMENDMENTS TO COUNTY CODE SECTION 4-3
REGARDING WILD'AND EXOTIC ANIMALS AND PROVIDING
FOR A PENALTY
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
set a public hearing for October 23, 2019, to consider
amendments to County Code Section 4-3 regarding wild and
exotic animals and providing for a penalty.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.2. AWARD OF REQUIREMENTS CONTRACT FOR BUILDING
COMMISSIONING SERVICES FOR COUNTY PROJECTS
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
authorized the Director of Procurement to award a contract to
EMG (Clampett Industries LLC, dba EMG), Facility Dynamics
Engineering and Smart Building Strategies, LLC for
commissioning authority services for county construction,
renovation and major maintenance projects.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.,
14.B.3. APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED
WITH DEVELOPMENT OF THE TRANSPORTATION PLAN
IDENTIFIED IN THE MEMORANDUM OF UNDERSTANDING WITH
DOMINION ENERGY
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
appropriated $1,100,000 in anticipated reimbursements from
Dominion Energy and authorized staff to proceed with
preliminary engineering for the following projects including
field investigations, surveying, and environmental
exploration: '1) new access to Henricus Historical Park:
$600,000; and 2) Dutch Gap canoe and kayak launch and Falling
Creek boat launch: $500,000.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.4. ADOPTION OF RESOLUTIONS
14.B.4.a.
SUPPORTING THE INSTALLATION OF (1) SIGNS ADVISING
OF AN ADDITIONAL MAXIMUM $200 FINE FOR EXCEEDING
THE SPEED LIMIT; AND (2) POLE -MOUNTED SPEED
DISPLAY SIGNS ON OLD WREXHAM ROAD
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution requesting the Virginia
Department of Transportation (VDOT) to install (1) signs
advertising of an additional maximum $200 fine for exceeding
the posted speed limit, and (2) pole -mounted speed display
signs on Old Wrexham Road:
WHEREAS, the Chesterfield County Board of, Supervisors
has received a request from residents along Old Wrexham Road
to install (1) signs indicating a maximum additional fine for
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09/25/19
speeding of $200, in addition to other penalties provided by
law, and (2) pole -mounted speed display signs on Old Wrexham
Road (Route 4880); and
WHEREAS, Old Wrexham Road is classified by VDOT as a
local street with a posted speed limit of 25 mph; and
WHEREAS, the Chesterfield County Transportation
Department collected speed data on Old Wrexham Road
indicating that the 85th percentile speed of vehicles was over
35 miles per hour, and that a speeding problem exists; and
WHEREAS, residents along Old Wrexham Road were informed
of the proposal to install the signs via a mailing, and were
asked to express their support or opposition to the signs by
use of a WebLink; and
WHEREAS, 58 percent of the residences voted in favor of
the signs indicating a maximum additional fine for speeding
of $200, and 61 percent voted in favor of the pole -mounted
speed display signs; and
WHEREAS, the additional fine signs will be installed by
VDOT, and the Pole Mounted Speed Display signs will be funded
using Secondary Road Funds.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors requests the Virginia Department of
Transportation to install (1) signs advising of an indicating
a maximum additional fine for speeding of $200, in addition
to other penalties provided by law for exceeding the posted
speed limit, and (2) pole -mounted speed display signs on Old
Wrexham Road.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.4.b. RECOGNIZING MR. PHILLIP T. HETZLER, UTILITIES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Mr. Phillip T. Hetzler retired from
Chesterfield County's Utilities Department on September 1,
2019; and
WHEREAS, in.April 1998, Mr. Hetzler began his public-
service career with the Chesterfield County Department of
Utilities as a utility worker within the department's
operations and maintenance division; and
WHEREAS, in October 1998, Mr. Hetzler was promoted to
utility locator within the department's operations and
maintenance division; and
WHEREAS, during his tenure as a utility, locator, Mr.
Hetzler was recognized for the exceptional contributions made
to the department; and
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09/25/19
WHEREAS, in May 2006, Mr. Hetzler was promoted to senior
labor crew chief within the department's operations and
maintenance division; and
WHEREAS, during his tenure as a senior labor crew chief,
Mr. Hetzler was recognized by the department for his
exceptional customer service which resulted in a cost savings
for the department; and
WHEREAS, in January 2014, Mr. Hetzler was promoted to
GPS specialist within the department's engineering and
development division;.and
WHEREAS, Mr. Hetzler was recognized for working with and
effectively communicating with both utility inspectors and
private utility contractors to provide exceptional customer
service; and
WHEREAS, Mr. Hetzler made significant contributions to
the accuracy of the department's GIS application with his
quality GPS collection efforts.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Phillip T. Hetzler
and extends on behalf of its members and the citizens of
Chesterfield County, appreciation for over 21 years of
exceptional service to the county.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.5. ACCEPTANCE OF STATE ROADS
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, the, streets described below are shown on a plat
recorded ,in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
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09/25/19
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this -Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage..
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Cambria Cove Section 4
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: §33.2_-705, 33.2-334
Street Name and/or Route Number
• Cambrian Circle', State Route Number 8110
From: Cambria Cove Boulevard, (Route 7568)
To: Cambria Cove Boulevard, (Route 7568), a distance of:
0.26 miles.
Recordation Reference: Plat Book 251, Page 83
Right of Way width (feet) = 4.0
• Cambria Cove Boulevard, State Route Number 7568
From: Cambrian Circle, (Route 8110)
To: Cambrian Circle, (Route 8110), a distance of: 0.07
miles.
Recordation Reference: Plat Book 251, Page 83
Right of Way width (feet) = 55
• Cambria Cove Boulevard, State Route Number 7568
From: 10.02 miles southeast of New Gale Drive, (Route 8040)
To: Cambrian Circle, (Route 8110), a distance of:' 0.06
miles.
Recordation Reference: Plat Book 251, Page 83
Right of Way width (feet) = 55
• Cambria Cove Boulevard, State Route Number 7568
From: Cambrian Circle, (Route 8110)
To: Existing Cambria Cove Boulevard, (Route 7568), a
distance of: 0.03 miles.
Recordation Reference: Plat Book 251, Page 83
Right of Way width (feet) = 55
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09/25/19
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to.the Resident Engineer for the
Virginia Department of Transportation..
Project/Subdivision: Harpers Mill - Otterdale Road Phase 3
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334
Street Name and/or Route Number
• Otterdale Road, State Route Number 667
From: Harpers Mill Parkway, (Route 7600)
To: 0.04 miles south of Harpers Mill Parkway, (Route 7600),
a distance of: 0.04 miles.
Recordation Reference: Deed Book 7194, Page 687; Deed Book
7778, Page 221
Right of Way width (feet) = 90
• Otterdale Road, State Route Number 667
From: 0.63 miles south of Harpers Mill Parkway, (Route 7600)
To: 0.80 miles south of Harpers Mill Parkway, (Route 7600),
a distance of: 0.17 miles.
Recordation Reference: Deed Book 7194, Page 687; Deed Book
7778, Page 221
Right of Way width (feet) = 90
• Otterdale Road, State Route Number 667
From: 0.52 miles south -of Harpers Mill Parkway, (Route 7600)
To: 0.63 miles south of Harpers Mill Parkway, (Route 7600),
a distance of: 0.11 miles.
Recordation Reference: Deed Book 7194; Page 687; Deed Book
7778, Page. 221
Right of Way width (feet) = 90
• Otterdale Road, State Route Number
From: 0.80 miles south of Harpers Mill
To: Beach Road, (Route 655), a distance
Recordation Reference: Deed Book 7194,
7778, Page 221
Right of Way width (feet) = 90
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6.67
Parkway, (Route 7600)
of: 0.10 miles.
Page 687; Deed Book
09/25/19
• Otterdale Road, State Route Number 667
From: 0.04 miles south of Harpers Mill Parkway, (Route 7600)
To: 0.09m S Of Hakpers Mill Parkway, (Route 7600), a
distance of: 0.05 miles.
Recordation Reference: Deed Book 7194, Page 687; Deed Book
7778, Page 221
Right of Way width (feet) = 90
• Otterdale Road, State Route Number 667
From: 0.09m S Of Harpers Mill Parkway, (Route 7600)
To: 0.23 miles south of Harpers Mill Parkway, (Route7600), a
distance of: 0.14 miles.
Recordation Reference: Deed Book 7194, Page 687; Deed Book
7778, Page 221
Right of Way width (feet) = 90
• Otterdale Road, State Route Number 667
From: 0.23 miles south of Harpers Mill Parkway, (Route7600)
To: 0.27 miles south of Harpers Mill Parkway, (Route 7600),
a distance of: 0.04 miles.
Recordation Reference: Deed Book 7194, Page 687; Deed Book
7778, Page 221
Right of Way width (feet) = 90
• Otterdale Road, State Route Number 667
From: 0.27 miles south of Harpers Mill Parkway, (Route 7600)
To: 0.52 miles south of Harpers Mill Parkway, (Route 7600),
a distance of: 0.25 miles.
Recordation Reference: Deed Book 7194, Page 687; Deed Book
7778, Page 221
Right of Way width (feet) = 90
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
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09/25/19
Project/Subdivision: Wexley - Section 3B at Foxcreek
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334
Street Name and/or Route Number
• Swift Paddle Turn, State Route Number 8071
From: Ravenchase Way, (Route 7873)
To: The cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: PB 229, PG 5
- Right of Way width (feet) = 44
• Ravenchase Way, State Route Number 7873
From: Swift Paddle Turn, (Route 8071)
To: The cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: PB 229, PG 5
Right of Way width (feet) = 44
• Ravenchase Way, State Route Number 7873
From: 0.03 miles southeast of Buglers Trail Lane, (Route
7517)
To: Swift Paddle Turn, (Route 8071), a distance of: 0.10
miles.
Recordation Reference: PB 229, PG 5
Right of Way width (feet) = 44
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.6. APPROVAL OF LEASE EXTENSION OF PROPERTY AT CENTRE
COURT FOR USE BY THE ECONOMIC DEVELOPMENT'
DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Winslow,- the Board
approved a lease extension with Family Holdings, L.C. for
office space at Centre Court for the Economic Development
Department.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.7. REQUESTS FOR PERMISSION
14.B.7.a. FROM DSRA, LLC TO INSTALL PRIVATE SEWER AND WATER
SERVICES WITHIN PRIVATE EASEMENTS TO SERVE
PROPERTY ON WEST HUNDRED ROAD
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
granted DSRA, LLC permission to install private sewer and
water services within private easements to serve property at
2401 West Hundred Road and authorized the County
Administrator to execute the sewer and water connection
agreement. (It is noted a copy of the plat is filled with the
papers of this Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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1
14.B.7.b. FROM ALVIN E. SEAY AND CHARLES M. HOLMES TO
INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE
EASEMENT TO SERVE PROPERTY ON SPARKLEBERRY LANE
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
granted Alvin E. Seay and Charles M. Holmes permission to
install a private water service within a private easement to
serve property at 1407 Sparkleberry Lane and authorized the
County Administrator to execute the water connection
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.8. REQUEST TO QUITCLAIM A PORTION OF A VARIABLE WIDTH
WATER EASEMENT ACROSS THE PROPERTY OF MG APARTMENT
ENTITY, LLC
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a variable width water easement across the
property of MG Apartment Entity, LLC. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.9. DESIGNATION OF A TEMPORARY CONSTRUCTION EASEMENT
FOR THE ROUTE 609 - CENTRALIA ROAD SIDEWALK (WEST
HUNDRED ROAD TO THOMAS DALE HIGH SCHOOL) PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
designated a temporary construction easement for the Route
609 - Centralia Road Sidewalk (West Hundred Road to Thomas
Dale High School) project and authorized the County
Administrator to execute the designation. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.10. CONVEYANCE OF EASEMENTS
14.B.10.a. TO VERIZON VIRGINIA LLC FOR SERVICE TO THE NEW
HARROWGATE ELEMENTARY SCHOOL
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Verizon
Virginia LLC for a 10 -foot underground easement for service
to the new Harrowgate Elementary School at 4000 Cougar Trail.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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09/25/19
14.B.10.b. TO VIRGINIA ELECTRIC AND POWER COMPANY
14.B.10.b.1. FOR SERVICE TO MANCHESTER MIDDLE SCHOOL
On motion of Ms. Jaeckle, seconded by Mr. Winslow, 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 variable width overhead and
underground easement for service to Manchester Middle School,
7401 Hull Street Road. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.10.b.2. FOR SERVICE TO THE NEW MATOACA ELEMENTARY
SCHOOL
On motion of Ms. Jaeckle, seconded by Mr. Winslow, 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 20 -foot underground easement
for service to the new Matoaca Elementary School in a
location that will not conflict with' the landscaping plan.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.C. LEGIONELLA UPDATE
Dr. Casey made the following statement: "Last month,"we. had
the first elected official public meeting dedicated to the
Legionella topic with the State Health Department describing
its finite and focused role in July in review of cooling
towers and Risk Management providing a summary of action
steps done and to be done by the schools to ensure that we
are mindful of the public's health in the legionella vapor;
which can travel over 2 mile's from any infected cooling
tower. As the State,Health Department's role with our schools.
concluded last month, Risk Management Director David Johnson
is here to provide you with an update of the School's action
plan and define the scope of Risk Management's role as there
has been some misinformation generated. In addition, because
there have been many inquiries regarding this topic, the
county created a dedicated webpage sharing information from
schools and the Health Department. This includes the Cooling
Tower Tracking Spreadsheet for school -by -school . status
reports and initial State Health Department presentation with
appropriate contact information for state, local and school
officials. This site also includes a video that we will show
tonight from county HVAC mechanic Darryl Mitchell explaining
how one of the county's cooling towers works. It was this
cooling tower that, the Center for Disease Control, (CDC) and
Health Department practiced on prior to going into the field.
I'm aware that the schools also are developing a separate FAQ
site and we will cross-link to their site and are hopeful
they will cross-link back to the county's site. I also
received an update from the Health Department. As I mentioned
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09/25/19
at the last meeting, that while there had been 10 cases of
Legionnaires' disease between May 1 and mid-July, which
warranted CDC and Health further investigation, only 1
patient actually had a sample taken to determine if any
cooling tower matches could occur and there were no cooling
tower matches for schools or the private sector. We will
never know the disposition of the other 9 cases. Since August
1, there have been 23 Legionnaires' cases in Virginia and 6
in central Virginia, of which Chesterfield County was 3 of
those cases. The Health Department states these cases are
sporadic and without a pattern. The Virginia and regional
rate excluding Chesterfield is .3 cases/100,000 people, while
the Chesterfield rate is three times higher at .9; however,
that higher rate is below CDC and State Health standards for
further. follow-up and I'm not aware that any of those
patients had samples taken that could be traced to any
source. Until such local rates are back to state and regional
norms, I recommend we continue to keep our dedicated website
active on this topic and continue to look for pathways and
information to share with the schools, public and businesses
to reduce such cases. Finally, Greg Akers, the County and
School's Internal Audit Director provided me a statement
regarding status of his audit report that I would like to
read: "The public interest on cooling tower maintenance
warrants interim communication to keep management. informed.
We are evaluating County and School cooling tower system
preventative maintenance procedures for improvement
opportunities. We plan to avoid duplication of Health
Department and Risk Management efforts, and do not plan to
cover current remediation work. We shared our initial
evaluation results and met with County and School operations
management last week. We are evaluating input received and
finalizing our draft report. We appreciate the assistance
from County and School staff responding to our information
requests. I do not expect surprises from our report, findings
to -date are generally consistent with information previously
reported by Health Department and Risk Management. Our
recommendations include procedure improvements for
preventative maintenance prioritization, monitoring and
documentation. Per our normal process, a draft report will be
provided to operational management for further input and
responses to audit recommendations. We expect to issue our
final report by mid-October."
Mr. David Johnson, Risk Management Director, provided an
update to the Board of Supervisors on county and school
facilities with cooling towers and provided a demonstration
of the new county webpage that will include up-to-date
information on condition assessment and testing of sites for
legionella. He stated Chesterfield County Public Schools
(COPS) currently operates 49 cooling towers on 34 school
sites. He further stated 9 cooling towers at 5 schools
originally test by the Center for Disease Control (CDC) prior
to any disinfection or cleaning. He stated 6 total towers at
4 schools were positive for legionella pneumophila serotypel
(Lpl) bacteria (67 percent). He stated a Risk Management
consultant was able to test 6 towers at 5 additional schools
prior to any disinfection or cleaning. He further stated of
those,6 towers, 1 was positive for legionella (Lpl) bacteria
(17 percent). He stated to date 45 cooling towers at 31
schools have been tested following initial disinfection and
cleaning. He further stated of those 34 towers, 3 towers
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09/25/19
total at three schools tested positive post -cleaning for
legionella bacteria (7 percent). He stated 4 cooling towers
at 3 other schools have not yet been tested either due to the
fact that they are. new installations and are not operating
therefore no water was tested, or the tower is currently
shutdown and drained due to ongoing repairs and could not be
tested. He noted these will be tested once they are started
up following CDC guidance.
Discussion ensued relative to the testing of: school cooling
tower equipment.
Regarding CCPS current disinfection and cleaning status, Mr.
Johnson stated CCPS contracted with 3 companies to have all
of. their cooling towers disinfected and cleaned by August
26th. He further stated the CCPS Facilities and Maintenance
Director confirmed on September 17, 2019 that all active CCPS
cooling towers were cleaned and disinfected between July 25
and August 24, 2019. He stated following Risk Management's
guidance, CCPS contracted with a consultant to conduct a
visual assessment and legionella sampling after the cooling
towers have been disinfected and cleaned to confirm the
efficacy of the disinfection and cleaning activities and
ensure student, citizen and employee health and safety. He
further stated re -testing and additional cleaning has been
conducted for any positive post -cleaning results to ensure 'a
negative sampling result is achieved for all towers. He noted
monthly follow-up testing for presence of legionella bacteria
will continue for a minimum of three months ,at all cooling
tower locations that have tested positive. He stated CCPS
contracted with Water Chemistry Inc. (WCI') to provide repairs
and/or replacement of cooling tower water treatment control
and chemical introduction equipment to ensure proper
functioning at all schools. He further stated the CCPS
Facilities and Maintenance 'Director confirmed on September
17, 2019 that the target date for completion .of all repairs
on the water treatment equipment was September 24, 2019. He
stated schools that do not currently have operational cooling
tower water treatment equipment are being manually treated
with disinfectants three times a week. He further stated two
of these treatments are performed by CCPS maintenance staff
and the third treatment is performed by Water Chemistry, Inc.
He stated Risk Management will work with CCPS Facilities and
Maintenance and WCI, to field verify that repairs and/or
replacement of critical equipment has been completed, and
that all water treatment control and chemical introduction
equipment is operational at all locations. He further stated
commencing in November 2019, the county Risk Management
Department will conduct monthly, unannounced inspections of a
sampling -of school and county operated cooling tower systems.
He stated these inspections will include visual inspection of
cleanliness, review of logbooks, most recent water treatment
reports and rec.ommendations, status of corrective actions,
spot legionella screening tests to ensure that conditions
remain acceptable and to document compliance. In closing, he
addressed statements made relative to information taken out
of context regarding the performance of a Risk Management
staff member.
Mr. Winslow expressed his appreciation to Mr. Johnson for his
very through presentation and explanation of the matter.
Ms. Haley also expressed her appreciation to Mr. Johnson for
his informative and accurate portrayal of the data and the
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way it was presented. She stated she feels very confident
that with Risk Management's work, the situation has been
remedied.
Mr. Elswick inquired about the cost of the recent legionella
issue compared with the cost of inspecting and maintaining
cooling towers.
Ms. Jaeckle stressed the importance of correcting the issue
and ensuring monthly inspections of a sampling of school and
county operated cooling towers will be conducted in the
future.
Mr. Holland also expressed his appreciation to Mr. Johnson
for the informative presentation, addressed the Cosby High
School memo referred by Mr. Johnson and stressed the
importance of monthly inspections going forward.
15. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Robin Madron urged the Board to consider budgeting for a
dog park in the Woodlake area off Hull Street, preferably at
the Chesterfield Career and Technical Center.
In response to Ms. Madron's remarks, Mr. Winslow stated work
is underway right now by the Parks and Recreation Department
to design a dog park at the Chesterfield Career and Technical
Center.
Ms. Pat Goldberg also urged the Board to consider budgeting
for a dog park at the Chesterfield Career and Technical
Center.
Mr. Mike Uzel expressed concerns relative to the proposed
conditional mixed-use development. at the intersection of
Route 10 and Courthouse Road.
In response to Mr. Uzel's remarks, Mr. Holland stated the
citizens are not being ignored and the project will be
communicated thoroughly and appropriately.
Mr. Rodney Martin expressed concerns relative to the
management malpractice involving maintenance of equipment by
the school division.
Mr. Ron Hayes expressed his appreciation to the Board ,of
Supervisors and county staff for their prompt attention,,
investigation, remediation and resolution in monitoring the
preventable maintenance issue of the school division.
16. DEFERRED ITEMS
16.A. CONSIDERATION OF ADOPTION OF AN ORDINANCE
ESTABLISHING A CAPITAL MAINTENANCE FEE AT THE
CHESTERFIELD COUNTY AIRPORT
Mr., Bowles requested further deferral of the proposed
ordinance until additional information becomes available on
development and expansion of the airport and its impact on
future sustainability.
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09/25/19
Mr. Winslow made a motion, seconded by Mr. Holland, for the`
Board to defer consideration of adoption of an ordinance
establishing a capital maintenance fee at the Chesterfield
County Airport until November 13, 2019.
Discussion ensued relative to the motion.
Ms. Haley called for a vote on Mr. Winslow's motion, seconded
by Mr. Holland, for the Board to defer consideration of
adoption of an ordinance establishing a capital maintenance
fee at the Chesterfield County Airport until November 13,
2019.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
-PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 19
19SN0588
In Matoaca.Magisterial District, Clover Hill Assembly of God
requests rezoning from Agricultural (A) to Neighborhood
Business (C-2) of 10.2 acres with conditional use to permit
fast food and drive in restaurant use; conditional use to
permit a commercial outdoor recreational establishment
(entertainment venue) on 14.8 acres zoned Agricultural (A);
plus conditional use planned development to permit Ordinance
exceptions on entire 25 acres; with proffered conditions on
an adjacent 1.2 acres zoned Residential (R-9) ; and amendment
of zoning district map fronting '1330 feet on the north line
of Hull Street Road, 900 feet west of Magnolia Green
Parkway,. Density will be controlled by zoning- conditions or
ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Neighborhood and Community
Business use. Tax IDs 702 -667 -Part of 2194, 704-667-6529 and
705-667-1932.
Mr. Andy Gillies presented a summary of Case 19SNO588 and
stated both the Planning Commission and staff recommended
approval and acceptance of the proffered conditions.
Mr. Dave Anderson, representing the applicant, accepted the
recommendation.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr.. Elswick expressed his appreciation to Planning
Commissioner, Ms. Gloria Freye, for her management of the
project on behalf of Mr. Craig Stariha.
Mr. Elswick then made a motion, seconded by Mr. Winslow, for
the 'Board to approve Case 19SNO588 and accept the following
proffered conditions:
The property owner and Applicant in this case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
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09/25/19
themselves and their successors and assigns, proffer that the
property under consideration for rezoning ("the Property")
will be developed according to the following proffers if, and
only if, the request submitted herewith is granted with only
those conditions agreed to by the owner and Applicant. In the
event this request is denied or approved with conditions not
agreed to by the owner and Applicant, the proffers shall
immediately be null and void and of no further force or
effect.
The proffers agreed to herein are believed by the owner and
Applicant to be reasonable, according to current laws of the
Commonwealth of Virginia.
1. Master Plan. The Textual Statement dated August 19,
2019, and all referenced exhibits shall be
considered the Master Plan. (P)
2. Utilities. County water shall be used for domestic
and emergency fire flow purposes throughout the
development. County wastewater shall.. be used for
domestic wastewater disposal purposes throughout
the development.
A. No direct service connections to water line on
Hull Street Road shall be made. Connections
shall be provided off new lines that provide
an internal loop for the property.
B. Well water may be used for irrigation purposes
only.
C. The developer. shall -at all times maintain
access to the water storage tank located on
GPIN 704-667-0942. Any disturbance to the
existing access across GPIN 702-667-2194 will
require construction of new, secure, access
and dedication of easements subject to county
review and approval.
D. Upon request by the County, access to the
property and easements shall be provided, at
no cost on standard County documents, in a
location mutually agreeable to the owner and
the County, for the construction of public
wastewater lines independent of the timing of
this development. (U)
3. Dedication. Prior to any site plan approval or
within sixty (60) days from a written request by
the Chesterfield Department of Transportation,
whichever occurs first, one hundred (100) feet of
right-of-way along the north side of Hull Street
Road (Route 360), measured from the centerline of
that part of Route 360 immediately adjacent to the
property, shall be dedicated, free and
unrestricted, to and for the benefit of
Chesterfield County. (T)
4. Access.
A. Direct vehicular access from the Property to
Route 360 shall be limited to three (3)
entrances/exits, generally shown on Exhibit A.
The exact location of each access shall be
approved by the Transportation Department.
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09/25/19
B. Prior to any site plan approval, an access
easement, acceptable to the Transportation
Department, shall be recorded from the eastern
Route 360 access (Entrance #1) to the adjacent
property to the east, identified as Tax ID
705-667-4831.
C. Water Tank Access. Permanent 20' access
easement shall be provided and approved by the
Utilities Department for permanent access to
the County water tank located at 17700 Hull
Street Road. Security gate as approved by
Chesterfield Utilities shall be installed with
the construction of Access Road. (T)
5. Road Improvements. The following road improvements
shall be completed, as determined by the
Transportation Department. The exact design and
length of the improvements shall be approved by the
Transportation Department.
A. Construction of an additional lane of pavement
(i.e. third through lane) along westbound
lanes of Hull Street Road (Route 360) from the
existing terminus of the third through lane in
the existing Route 360 median to the western
Property line.
B. Construction of additional pavement along the
westbound lanes of Route 360 at each approved
access to provide a separate right turn lane;
C. Construction of additional pavement at the
existing western Route 360 crossover (Entrance
#3 on Exhibit A) to provide adequate left turn
lanes in both directions;
D. Construction of a raised, median within the
existing eastern Route 360 crossover (Entrance
#1 on Exhibit A) to preclude vehicles from
exiting the adjacent properties and turning
left onto Route 360 and provide adequate left
turn lanes in both directions.
E. Construction of an east -west shared use path
or sidewalk along the north side of Route 360
for the entire Property frontage. If approved
by the Transportation Department, an
alternative to a path or sidewalk directly
adjacent to Route 360, a publicly accessible
path, including access easements, shall be
provided that allows for pedestrians to travel
from the westernmost to easternmost property
lines of Property. Alignment of alternative
path or sidewalk shall be approved by the
Transportation Department and Utilities
Department.
F. Dedication to Chesterfield County,' free and
unrestricted, any additional right-of-way (or
easements) required for the improvements
identified. (T)
6. Phasing Plan. Prior to any site plan approval, a
phasing plan for the required road improvements, as
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09/25/19
identified in Proffered Condition 5, shall be
submitted to and approved by the Transportation
Department. The approved phasing plan shall
require, among other things, that prior to issuance
of a cumulative total of more than two (2)
occupancy permits for any development within Tract
A, the road improvements as identified in Proffered
Conditions 5A and 5D shall be- completed as
determined by the Transportation Department. (T)
7. Environmental. The maximum post -development peak
discharge rate for the 100 -year storm shall be
limited to pre -development 100 -year peak discharge
rate. (EE)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
1)ncrTn9n9
In Midlothian Magisterial District, Hope Church/Rob Chesson
requests amendment of zoning approval (Case 88SN0202) to
permit a second-hand retail store and amendment of zoning
district map, in a Corporate Office (0-2) District on 1.6
acres known as 11300 Polo Place. Density will be controlled
by zoning conditions or ordinance standard. The
Comprehensive Plan suggests the property is appropriate for
Community Mixed Use. Tax ID 742-716-0224.
Mr. Gillies presented a summary of Case 20SN0505 and ---stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Mr. Rob Chesson accepted the conditions.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
Ms. Haley expressed her appreciation to Mr. Chesson for his
patience during the process.
Ms. Haley then made a motion, seconded by Mr. Holland, for
the Board to approve Case 20SN0505, subject to the following
conditions:
1. Non -Transferable Ownership. The second-hand retail
use shall be granted exclusively to and for Hope
Thrift and shall not be transferable nor run with
the land. (P)
2. Outside Storage. Materials and goods associated
with the business shall be stored entirely within
the existing building. (P)
3. Outside Display. No outside display shall be
permitted. (P)
4. Expansion. With the exception of ordinary
maintenance and improvements necessary to meet the
building code, additions to the existing buildings,
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09/25/19
exterior alterations, and/or expansion of the use
shall not be permitted. (P)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
18. PUBLIC HEARINGS
18.A. TO CONSIDER THE CLAIM OF LARONDA BURFORD FOR SURPLUS
TAX SALE FUNDS
Mr. Mincks stated this date and time has been advertised for
the Board to consider the claim of LaRonda Burford for
surplus tax sale funds. He further stated Charles and Joyce
Burford, now both deceased, owned property in Chesterfield
County located at 1468 Railroad Avenue in Midlothian. He
stated on July 9, 2015, the county initiated a forced sale of
the property due to delinquent real estate taxes. He further
stated on December 16, 2015, the Circuit Court entered an
order confirming the sale of the property for $26,500.00
after public auction. He stated out of the proceeds,
approximately $4,816.56 in delinquent taxes were paid to the
County Treasurer, and, after costs of the sale, the balance
of $17,369.44 was deposited with the Clerk of the Circuit
Court." He further stated the Burford's, heirs never made a
claim for the surplus funds while the Clerk held them. He
stated pursuant to state law, since two years had passed with
no one coming forward to claim the funds, the surplus of
$17,369.44 plus interest for a total of $17,403.42 was paid
to the county by the Clerk of the Circuit Court. He further
stated the county has now received a request from Ms. LaRonda
Burford, the Burford's' daughter, to recover the surplus
funds on behalf of herself and her siblings. He stated the
law allows the former owners to request the money from the
county after such surplus funds are paid to the county;
however, the request must be approved, and the funds
appropriated by the Board after holding a'public hearing. He
noted the Board, however, has no obligation to approve the
request either in full or in part.
In response to Mr. Holland's question, Mr. Mincks stated the
surplus funds includes interest.
Ms. Haley called for public comment.
Mr. Jack Faracloth, representing the Ms. LaRonda Burford,
urged the Board to approve the request for surplus tax sale
funds in full on behalf of Ms. Burford and her siblings.
There being no one else to address the issue, the public
hearing was closed.
On motion of Mr. .Holland, seconded by Mr. Winslow, the Board
approved Ms. LaRonda Burford's claim and appropriated surplus
tax funds in the amount of $17,403.42.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
18.B. TO CONSIDER MODIFICATIONS TO THE CENTERPOINTE SERVICE
DISTRICT ORDINANCE
Mr. Matt Harris stated this date and time has been advertised
for the Board to consider modifications to the Centerpointe
19-563
09/25/19
Service District ordinance. He further stated during the
August 28, 2018 afternoon session he presented information to
the Board on the Centerpointe Service District. He stated the
District was put into place in 2006 to finance certain
transportation improvements within the district boundaries.
He noted since that time, several economic factors have
changed significantly which has prompted a review of the
original assumptions. Regarding staff recommendations, he
highlighted plans to review/redesign the plan for the
interchange with updated information, including as with the
widening project, pairing the effort with other available,
dedicated road funding; lowering the district's supplemental
real estate rate to $0.05 from $0.15; and for new development
moving forward, dedicating 100 percent of real estate growth
to the district. He stated there would be no impact to the
current general fund stream; accordingly, project
construction could begin within five years; based on
conservative projections, duration of district would be
brought back into line with the original forecast; and it
would also lower the special tax burden for an average
homeowner in the district by $400+ per year.
Discussion ensued relative to Board member inquiries
regarding the reserve balance, the cost of the interchange at
the time of construction, revenues used from the district and
the comparison of the Centerpointe Service District and the
Lower Magnolia Green CDA district regarding financing,
planning, acquiring and constructing infrastructure
improvements.
Ms. Haley called for public comment.
Ms. Dianne Pettitt, resident of CenterPointe Crossing, stated
many residents of her community were unaware of the tax and
urged the Board to approve the modifications to the
Centerpointe Service District. She also recognized other
members -of the community in attendance.
There being no one else to address the issue, the public
hearing was closed.
Mr. Winslow made a motion to approve the modifications to the
Centerpointe Service District.
Ms. Jaeckle stated there was no maximum of what the residents
were expected to pay. She also expres.sed appreciation to the
residents of the service district for their perseverance and
to Mr. Harris for his efforts relative to the legality of the
issue.
Ms. Haley commended Mr. Winslow, for starting the discussion
and holding the community meeting for the residents to
understand the issue.
Mr. Elswick expressed concerns relative to the residents of
Magnolia Green CDA district who are paying taxes for road
infrastructure and stressed the importance of treating all
citizens equally.
Ms. Haley called for a vote on Mr. Winslow's motion, seconded
by Ms. Jaeckle, for 'the Board to adopt the following
ordinance:
19-564
09/25/19
AN ORDINANCE.TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 9-44 RELATING TO THE
TAX RATE AND REVENUE FOR THE POWHITE PARKWAY -CHARTER COLONY
PARKWAY INTERCHANGE SERVICE DISTRICT
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 9-44 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Chapter 9. FINANCE AND TAXATION
ARTICLE II. REAL-ESTATE TAX
DIVISION 4. POWHITE PARKWAY -CHARTER COLONY PARKWAY
INTERCHANGE SERVICE DISTRICT
Sec. 9-44. Plan for providing the facilities and services
within the district.
(a) The design and construction of the facilities described
in section 9-43 shall be financed by revenue received from
the following sources:
(1) In addition to the real estate tax imposed on real
estate and mobile homes in the county pursuant to the
county's annual tax levy, there shall be a supplemental
real estate tax of $0.05 per $100.00 of assessed value
placed on all real estate located within the boundaries
of the district, except for the real estate excluded
from the district. Such supplemental real estate tax
shall be, recorded in the land books and real estate
assessment records of the county in the same manner as
other real estate taxes, and the exemptions set forth
in Division 3 of Article II of Chapter 9 of this Code,
as amended, shall apply to such supplemental real
estate tax in the same manner as they apply to other
real estate taxes in the county; and
(2) The incremental increase in real estate tax revenue
generated from real estate located within the district
as a result of any increase in the assessed value of
real estate located in the district after the effective
date of this division.
(b) The county shall deposit all of the revenue received as
a result of the supplemental real estate tax described in
subsection 9-44(a)(1), into an interest-bearing account
and shall segregate the revenue from other revenue
maintained by the county. Additionally, the county shall
deposit in the same segregated, interest bearing account,
revenue from the incremental increase in the assessed
value of real estate, as described in subsection 9-
44(a).(2), as follows: 50 percent of the revenue generated
by increases in assessed value from the date of the
District's creation through December 31,- 2018; and 100
percent of the revenue generated by such increases which
.occur on or after January 1, 2019. The revenue received
from the sources described in this section shall be used
exclusively for the design, right of way acquisition and
construction of the facilities described in section 9-43.
0 0 0
19-565
09/25/19
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Sec. 5-2. - Local building department.
The county shall at all times maintain a local building
department. The local building department shall administer,
supervise and enforce the Virginia Uniform Statewide Building
Code. The local building department shall have an executive
official in charge, who shall be referred to as the building
official. The building official shall supervise all employees
of the department and may delegate his duties to appropriate
qualified employees of the department and the county. The
building official and all other employees who administer,
supervise and enforce the Virginia Uniform Statewide Building
Code shall be certified in accordance with the Virginia
Certification Standards.
Sec. 5-7.3. - Same—Blighted property defined.
(a) For purposes of this section, "blighted property"
means any individual commercial, industrial, or
residential structure or improvement that endangers the
public's health, safety, or welfare because the
structure or improvement upon the property is
dilapidated, deteriorated, or violates minimum health
and safety standards.
(b) In determining whether a property meets the
definition of blighted property set forth above, the
county may consider any of the following, or other
pertinent, factors:
(1) Unsafe/unfit structure. A structure on the property
has been continuously vacant for at least one year,
has been declared to be an unsafe structure or
unfit for human occupancy by the building official
in accordance with the Virginia Uniform Statewide
.Building Code and the owner has failed to take
corrective action as directed by the building
official;
(2) Rat and rodent infestation. There is evidence of
rat or rodent infestation or. harborages caused by
conditions on the property;
(3) Previous citations. The property has been used or
maintained in a condition which has resulted in the
following actions:
a. The owner has been cited on a least three separate
occasions because activities or conditions on the
property violate state or county criminal laws, or
county ordinances governing the use or maintenance of
property, and those activities or conditions threaten
the public health, safety, morals, and welfare of the
community; or
b. The owner has refused to abate violations as ordered
by the court `or has repeated conduct for which the
19-567
09/25/19
owner has been convicted of violating county
ordinances in the past.
(4) Inadequate facilities. The property has inadequate
sewage, septic, plumbing, well or heating facilities;
(5) Potential trespass. If the property is vacant, the
owner has failed to take adequate precautions to
prevent the use of the property by trespassers;
(6) Nuisance to children. A potential attractive nuisance
to children exists on the property, including, but
not limited to, abandoned wells, basements,
excavations, or broken fences;
(7) Fire hazard. Any condition exists on the property
that has been specifically identified as- a fire
hazard by the fire department or the building
official; and
(8) Substantial dilapidation of buildings or structures
as evidenced by either:
a. Structural collapse of either interior or exterior
structural elements such as floors, walls, roofs,
porches, decks and similar appendages which do not
pose a danger to the public; or.
b. Removal or rotting of exterior siding, roofing or
sheathing exposing structural members to the weather.
Sec. 5-7.4. - Same—Procedures for declaring blight;
notification of owner, public hearings.
(a) The building official or his designee shall make a
preliminary determination that a property is blighted in
accordance with section 5-7.3 and shall notify the owner
by regular and certified mail, specifying the reasons why
the property is considered blighted property. The notice
mailed to the owner also shall be posted on the property.
The owner shall have 30 days from -the date the notice is
sent in which to respond with a written plan that would
cure the blight within a reasonable time.
(b) The departments of building inspection, community
enhancement, and planning will review the owner's written
plan to determine whether it will cure the blight within a
reasonable time. The plan shall be submitted on a form
developed by the department of community enhancement and
shall include a proposed time within which the plan will
be commenced and completed. The building official or his
designee shall have authority to issue a final approval of
the written plan. Upon approval of the written plan to
cure blight, the owner shall have a reasonable time not to
exceed 90 days to complete all work approved in the plan.
The building official or his designee may grant extensions
of time to complete work where in his opinion the owner
has completed substantial portions of the work in
compliance with the plan.
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09/25/19
(c) If the owner fails to respond within the 30 -day
period set forth in section 5-7.4(a) with a plan that is
acceptable to the director of the department of community
enhancement, or fails to complete the work approved in the
written plan to cure blight .and has not been granted' an
extension of time to complete such, the director of the
department of community enhancement may request the board
of supervisors to declare the property to be blighted
property by adopting an ordinance making such declaration.
(d) Following the adoption of an ordinance declaring a
property as blighted property, the director of the
department of community enhancement, in consultation, with
the departments of building inspection and planning, may
prepare a spot blight abatement plan for the property to
hold, clear, repair, manage, or acquire and dispose of the
property in accordance with the approved plan,_ the
provisions of this section, and applicable law. No spot
blight abatement plan shall be effective until written
notice has been sent to the property owner of record.
Written notice shall be sent by regular mail to the last
address. listed for the owner on the assessment records for
the property, together with a copy of the spot blight
abatement plan prepared by the director of the department
of community enhancement. The county shall have the power
to acquire or, repair any blighted property by purchase or
through the exercise of the power of eminent domain.
The county shall have a lien on all blighted property -se
repaired or acquired under an approved spot blight
abatement plan to recover the cost of:
(1) Improvements made by the county to bring the
blighted property into compliance with applicable
building codes; and
(2) Disposal, if any.
The lien shall bear interest at the legal rate of interest
beginning on the date the repair or disposal is completed
through the date on which the lien is paid. The lien
authorized by this subsection shall be filed in the circuit
court and shall be treated in all respects as'a'tax lien and
enforceable in the same manner, as provided in Articles 3 (§
58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39
of Title 58.1. The county may recover its costs ,of repair -
from the owner of record of the property when the repairs
were made at such time as the property is sold or disposed of -
by such owner. If the property is acquired through eminent
domain, the cost of repair may be recovered when the county
sells or disposes of ,the property. In either case, the costs
of repair shall be recovered from the proceeds of any such
sale.
5-7.8. Same—Authority to require removal, repair, etc., of
buildings that are declared to be derelict.
(a) For purposes of this section, "derelict building"
shall' mean a residential or nonresidential building
19-569
09/25/19
or structure,' whether or not construction has been
completed, that might endanger the public's health,
safety, or welfare and for a continuous period, in
excess of six months, it has been (i) vacant, (ii)
boarded up in accordance, with the building code, and
(iii) not lawfully connected to electric service from
a utility service provider or not lawfully connected
to any required water or sewer service from a utility
service provider.
(b) The owner of a derelict building may apply to the
department of community enhancement and request that
such building be declared. derelict building for
purposes of this section. In such cases, the, owner
shall submit a plan as required -in this section.
(c) Absent a request from an owner pursuant to
subsection (b), if a building qualifies) as derelict,
'the building official shall provide written notice to
the property owner that the owner shall submit a plan
to demolish or renovate the building. The written
notice shall list the items that endanger, the
public's health, safety, or welfare. The building
official shall` deliver the written notice by first-
class mail to the address listed on the real estate
tax assessment records and obtain a U.S. Postal
Service Certificate of Mailing.
(d) The owner shall submit the plan within ninety (90)
days of the date of the written notice. The plan
shall be submitted on a form developed by. the
department of community enhancement and shall include
a proposed time within which the plan will be
commenced and completed. The plan may include one or
more adjacent properties of- the owner, whether or not
all of such properties may have been declared
derelict buildings. The plan 'shall be subject to
approval by the director of the department of
community enhancement.
(e) Upon receipt of the plan to demolish or renovate
the building and at the owner's request, the
departments of building inspection, community
enhancement, and planning shall meet with the owner
submitting the plan and provide information to the
owner on the land use and permitting requirements for
demolition or renovation.
(f) If the owner's plan is to demolish the,. derelict
building, the building permit application of such
owner shall be expedited. If the owner has completed
the demolition within 90 days of the date of the
building permit issuance, the department of building
inspection shall refund, any building and demolition
permit fees.
(g) If the property owner's plan is to renovate the
derelict building, and no rezoning is required for
the owner's intended use of the property, the site
plan or subdivision application and the building
permit, as applicable, shall be expedited. The site
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09/25/19
plan or subdivision fees may be (refunded, all or in
part, but in no event shall the site plan or
subdivision fees exceed the lesser of, 50 percent of
the standard fees established by the ordinance for
site plan or .subdivision applications for the
proposed use of the property, or $5,000 per property.
_The building permit fees may be refunded, all or in
part, but in no event shall the building permit fees
exceed the lesser of 50 percent of the standard fees
established by the ordinance for building permit
applications for the proposed use of the property, or
$5,000 per property.
(h) If the owner of the derelict building has not
submitted a plan to the department of community
enhancement within 90 days of the date on the written
notice, the county may exercise such remedies as
provided in this section or as otherwise provided by
law.
(i) Notwithstanding the provisions of this section, the
county `may proceed to make repairs and, secure the
building under § 5-6, or the county may proceed to
abate or remove a nuisance under § 5-7.6. In
addition, the county may exercise such remedies as
may exist under the Uniform Statewide Building Code
and may exercise such other remedies available under
general and special law.
(j) To incentivize the property revitalization, an
abatement from real estate- taxes is granted to
property containing a derelict 'building, subject to
the limitations set forth in subsection W.
(k) For real property to qualify for the abatement
granted by this section, the following criteria shall
apply:
(1) Prior to commencement of the plan required in
subsection (d), the property owner must request
the real estate assessor to make an assessment
of the property in its current derelict
condition.
(2) On the building permit application, the owner
shall declare the costs of demolition, or the
costs of materials and labor to complete the
renovation.
(3) After demolition or renovation of the derelict
building, the property owner shall request, the
real estate assessor to reflect the fair market
value of the demolition costs or the fair market
value of the renovation improvements in the real
estate tax assessment records.
(4) The real estate tax on an amount equal to the
costs of demolition or an amount equal to the
increase in the fair market value of the
renovations shall be abated for a period of five
(5) years and is transferable with the property.
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(1) The abatement of taxes for demolition shall not
apply if the structure demolished 'is a registered
Virginia landmark or is determined by the Department
of Historic ` Resources to --,contribute to the
significance of a registered historic district.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
FLli Mk6tw*a
In Bermuda Magisterial District, Chester Solar Technology
Park LLC requests rezoning from Agricultural (A), Regional
Business (C-4) and Residential (R-12) to Agricultural (A)
with conditional use to permit large scale solar energy
facility, electric power transforming station and switch
yard, data center, above ground water storage tank with
communications antennae and wastewater pumping station uses
plus conditional use planned development to permit exceptions
to ordinance requirements and amendment of zoning district
map on 1,675.1 acres fronting approximately 2,890 feet on the
south line of Bradley Bridge Road, also fronting in two (2)
places for approximately 9,490 feet on the west line of
Branders Bridge Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate I Corporate
Office/Research & Development/Light Industrial and Regional
Mixed uses as a master planned/land aggregation area. Tax
IDs 780-644-8171; 781-637-6541; 781-639-3251; 781-641-6250;
783-635-0505; and 784-641-6810.
Ms. Darla Orr presented a summary of Case 19SN0622 and stated
the proposal includes a 150 MWAC large scale solar energy
facility and associated equipment, such as an electric
transforming substation and switchyard, to accommodate
interconnection with the electric utility grid; one data
center on 300 acres; two above ground water storage tanks
with collected communications antenna; and a regional
wastewater pumping station. She further stated these uses
require approval of a Conditional Use in an Agricultural (A)
District. She stated a recent ordinance amendment establishes
specific standards for solar energy facilities that address:
general layout, location, access, anticipated locations of
transmission lines, facility decommissioning, certifications
of state and federal approvals, construction activities
limits, setbacks, buffers, health and safety, and facility
operation and design. She further stated both the Planning
Commission and staff recommended approval because the
proposal complies with the Comprehensive Plan relative to
land uses, transition and parcel aggregation; the planned
solar facility complies with zoning ordinance standards for
such use; and as conditioned, impacts on area residential
uses are minimized.
Mr. Brennen Keene, representing the applicant, accompanied by
Ms. Sara Bourne,, primary project developer for Torch Clean
Energy, reviewed the proposal. Mr. Keene stated the solar
19-572
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facility will have low impact uses with extremely lower
traffic impact and setbacks for the solar facility will be
maintained as a vegetative buffer between the. solar panels
and adjacent .residential uses. He further stated the property
includes wetlands, steep slopes and.Resource Protection Areas
which will be avoided. He stated the majority of the property
will be. undisturbed and denuded areas are to be re -seeded
with pollinator grasses. He further stated the solar panels
will not include cadmium and after storm events, repairs will
be made immediately due to investment of,the developer.
Ms. Haley called for public comment.
Mr. Mike Uzel stated the proposal would delay dedication of
the East-West Freeway right-of-way on the property until the
solar farm is decommissioned.
Ms. Valerie Myers expressed concerns relative to the impacts
of solar farms on the wildlife, specifically birds mistaking
the panels for water, and inquired about conservation
easements.
Mr. Phil Lohr stated the input and the engagement of the
citizens have resulted in many positive changes to the case.
Ms. Johnnie Humphrey expressed concerns relative to plans for
the East-West freeway and inquired about the decommissioning
of the solar facility.
Mr. Jeff Siffert, chairman of'ChamberRVA Chesterfield, voiced
his support of the case and stressed the importance to permit
solar energy or on-site usage and increased use of clean,
renewable energy.
There being no one else to address the issue, the public
hearing was closed.
Mr. Keene addressed concerns relative to land disturbance and
natural terrain. He stated wetland areas will be avoided and
the conservation area is a particular item of interest to the
county because the trail that goes along Branders Bridge.
would provide the opportunity to access the easement around
the pond.
Ms. Bourne explained the fundamentals of the "lake effect"
scenario in regard to bird safety.
In response to Mr. Winslow's question regarding the
decommissioning process, Ms. Bourne stated the power purchase
agreement will expire and either the facility will be
recommissioned with new power purchase agreement or the solar
facility will be removed in its entirety.
In response to Mr. Holland's
reports, Ms. Bourne stated
monitored and managed.
question regarding inspection
facilities are very heavily
In response to Ms. Jaeckle's question, Mr. Jesse Smith stated
assuming the project moves forward, the likelihood of -the
construction of the East-West Freeway between Route 1 and the
property, is fairly limited in the next 30 years. He noted
traffic does not get generated by a solar facility'. He stated
19-573 -
09/25/19
funding would be set aside in order to purchase properties in
the future
Ms. Jaeckle noted the history of the Branner Station and
"Megasite" zoning proposals and stressed the importance of
public input in the process, revitalization efforts in that
area of the county and plans for- a conservation area on the
property that will provide a valuable asset for the
community.
Ms. Jaeckle then made a motion, seconded by Mr. Winslow, for
the Board to approve Case 19SN0622 and accept the proffered
conditions.
Mr. Elswick stated the property would be preserved in the
best way possible and would lend future uses once the solar
facility is decommissioned.
Ms. Haley called for a vote on Ms. Jaeckle's motion, seconded
by Mr. Winslow, for the Board to approve Case 19SN0622 and
accept the following proffered conditions:
The Developer (the "Developer") in this zoning case, pursuant
to §15.2-2298 of the Code of Virginia (1950 as amended) and
the Zoning Ordinance of Chesterfield County, for themselves
and their successors or assigns, proffer that the development
of the Property known as Chesterfield County Tax
Identification Number 780-644-8171, 781-637-6541, 781-639-
3251, 781-641-6250, 783-635-0505, and 784-641-6810 (the
"Property") under consideration will be developed according
to the following conditions if, and only if, the rezoning
request for rezoning to A, Conditional Use ("CUP"), and
Conditional Use Planned Development ("CUPD") are granted. In
the event the request is denied or approved with conditions
not agreed to by the Developer, the proffers shall
immediately be null and .void and of no further force or
effect., If the zoning is granted, these proffers and
conditions will supersede all proffers and conditions now
existing on the Property.
Exhibit A - A plan titled "Chester Solar Technology Park,"
prepared by Timmons Group, last revised June 20, 2019.
1. Master Plan. The textual statement last revised
July 5, 2019, shall be considered the Master Plan.
(P)
2. Conceptual Plan. Exhibit A shall be considered the
Conceptual Plan for the proposed development.
Development of the Property shall conform generally
to the Conceptual Plan and as further provided
herein. (P)
3. Uses. The uses permitted on the Property shall be
as set forth below:
i. Data center (the "Data Center") Only
one (1) Data Center site shall be allowed
on the Property in one of the areas
generally shown on Exhibit A, provided:
(a) The exact location shall be
established at the time of site
plan review.
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09/25/19
(b) The Data Center site shall be a
maximum of 300 acres.
(c) The Data Center building shall be
set back a minimum of 300 feet
from the external Property
boundaries.
ii. Large scale solar energy . facility,
including production and storage, and
ancillary equipment needed to operate and
maintain the Solar Facility (the "Solar
Facility").
iii. Communication Tower co -located with the
water storage tanks,.
iv. Two (2) above -ground water storage tanks
("Water Tank") and tank mounted
communications equipment up to a maximum
height of one hundred and ninety-nine
(199) feet provided: ,
(a) All mechanical equipment located
on or associated with any building
or structure for the Water Tank
shall be screened from adjacent
properties and public rights-of-way
in accordance with the Emerging
Growth District standards. This
condition shall not require
screening for the Water Tank
structure or communications
equipment.
(b) The Water Tank shall be a new
composite style elevated water
storage tank meeting the Utilities
Department requirements.
(c) The Water Tank shall be secured by a
minimum eight (8) foot high fence
designed to preclude trespassing.
(d) There shall be no signs or logos
permitted on the Water Tank or
communications equipment. _
(e) The Water Tank shall be white, grey,
or another neutral color, acceptable
to the Planning and Utilities
Departments. The communications
equipment (antennas, mounting
hardware, cables, etc.) mounted on
the outside of the Water .Tank shall
be the same or similar color as the
Water Tank.
(f) Except for security lighting over
the access doors at the base of the
Water Tank, the Water Tank and
communications equipment shall not
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09/25/19
be lighted unless required by the
Federal Aviation Administration or
the Federal Communications
Commission.
V. Regional. Wastewater Pumping Station
operated by Chesterfield County Utilities
Department. The Regional Wastewater
Pumping Station together with the various
structures and appurtenances. shall be
constructed and secured by a minimum
eight '(8) foot high fence designed to
preclude trespassing.
vi. Utility Interconnection Equipment. The
potential locations of utility
interconnection equipment are shown on
Exhibit A. Subject to the requirements
below, the final location and type of
utility interconnection equipment will be
determined once the results of the
Utility interconnection studies have been
completed. A copy of the interconnection
study shall be provided to the Planning
Department at the time of site plan
review.
(a) Substations, defined as a series of
electrical equipment that allows the
voltage of energy to be stepped up
or stepped down to meet the
transmission line voltage. Any
substation needed for the Solar
Facility shall be located a minimum
of 150 feet from the external
Property boundaries
(b) Should 'a separate substation and/or
back-up power generators be required
for the Data Center, such equipment
shall be located a minimum of 400
feet from the` external Property
boundaries.
(c) Switchgear Interconnection
System(s). A switchgear
interconnection system is a set of
equipment used to connect a lower
voltage of energy collected from the
Solar Facility to a utility level
distribution system, defined as less
than 69 kV. If provided on the
Property, the 'switchgear
interconnection systems .shall be
located a minimum of 150 feet from
the external Property boundaries,
except for any overhead lines that
interconnect onto existing utility
lines.
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09/25/19
(d) Switchyard. The utility -owned
switchyard serves. as the point of
interconnection and allows the power
to go onto the transmission grid,
while also providing a mechanism to
isolate the Solar Facility' from the
electric grid, , if needed. The
switchyard is located directly
adjacent to a transmission level
electric line and is often directly
adjacent to the substation. Any
switchyard shall be located a
minimum of 150 feet from the
external Property boundaries. ,
(e) Microwave or radio communication
equipment, meteorological evaluation
towers (MET), WMS (Weather
Monitoring Station), and related or
similar equipment needed to
communicate with interconnecting
utilities, off -takers, and SCADA
systems and to monitor the Solar
Facility provided they shall not
exceed eighty (80) feet in height
and shall be located a minimum of
300 feet. from the external Property
boundaries.
vii.. Any use permitted by -right or with
restrictions in the Agricultural zoning
.district. (P)
4. Right -of -Way Dedications and Easements.
A. The following rights. -of -way shall be
dedicated, free and unrestricted, to and for
the benefit of Chesterfield County, .prior to
the time of issuance of the building permit
for the portion of the 'Property associated
with the building permit.
i. Forty-five (45) feet of right-of-way on
the west side of Branders Bridge Road
immediately adjacent to the Property,
measured from the centerline of the road.
ii. Forty-five (45) feet of right-of-way on
the south side of Bradley Bridge Road
immediately adjacent to the Property,
measured from the centerline of the road.
iii. Dedication of an area for a future
parking lot and access to the North-South
Trail (defined below),- not to exceed one
(1) acre, at a mutually agreed location
between the Developer and Chesterfield
County.
B. The following easements shallbe dedicated to
and for the benefit of Chesterfield County
prior to the time of issuance of the building
permit for the portion of the Property
associated with ,the building. permit. The
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09/25/19
trail easement locations shall be determined
at the time of site plan review at a mutually
agreed location between the Developer and
Chesterfield County and may meander through
the setback/buffer as necessitated by the
Property development.
i. Thirty (30) foot trail 'easement (the
"North-South Trail") to accommodate a
future shared use trail in accordance
with the County's Bikeways and Trails
Plan, a component of the- Comprehensive,
Plan (approximately 2.5 miles.
ii. Thirty (30) foot trail easement adjacent
to the northern, western, and southern
Property lines, to accommodate a future
shared use path surrounding the Property
(approximately 6.2 miles)._ This ,trail
easement will provide an easement that
encircles the Property and ties into the
North-South Trail at each terminus.
C. Prior to any site plan approval, a phasing
plan for the dedications and easements
referenced in Proffered Conditions 4.A. and
4.B., shall be submitted to and approved by
the Transportation Department and such phasing
plan shall include provisions that the first
dedication shall not occur prior to site plan
approval for that portion of the Property
associated with the site plan. These
dedications and easements shall be made in
accordance with the approved phasing plan.
D. Upon the, final completion of . the
decommissioning of the Solar Facility the
following rights -of way shall be dedicated,
free and unrestricted, to and for the benefit
of Chesterfield County
i. Ninety (90) feet of right-of-way, based
on VDOT Urban Minor Arterial (50 mph)
standards with modifications approved by
the Transportation Department, for an
east/west arterial (the "Happy Hill East, -
West Arterial") from Branders Bridge Road
at the eastern Property line,,, through the
Property to the western Property
boundary.
ii. Ninety (90) feet of right -.of -way, based
on VDOT Urban Minor Arterial (50 mph)
standards with modifications approved by
the Transportation Department, for a
north/south arterial (the "North/South
Arterial") from Branders Bridge Road at
the, northern Property line, through the
Property to the East/West Freeway:
iii. Two hundred (200) feet of right-of-way,
based on VDOT Rural Principal Arterial
(60 mph) standards with modifications
approved by the Transportation
19-518
09/25/19
Department, for an east/west limited
access facility ("East/West Freeway")
through the southern part of the Property
from the western, Property line to
Branders Bridge Road.'
E. In the event the Chesterfield County
Thoroughfare Plan is modified to reduce or
remove right-of-way dedications or easements
referenced in Proffered Conditions 4.A., 4.B.
and 4.C., then those right-of-way dedications
or easements shall be reduced or removed
accordingly, as determined by the,
Transportation Department. (P and T)
5. Access.
A. Temporary construction access for the Solar
Facility from Route 10 to the Property shall
be limited to Tax Identification Number 785-
648-2579 ("County Property"). Such access and
use shall be provided to the Developer by -the
County at no cost to the Developer (other than
permit/licensing fees). If the Developer
determines in good faith that it cannot use
the County Property for the temporary
construction access due to costs or
development impediments then an alternative
access plan ("Access Plan") for the use of
existing roads shall be developed with, and
approved, by the Transportation Department.
Such Access Plan may impose reasonable costs
on the Developer proportionate to road damage,
if. any, caused by Developer's construction
traffic.
B. Direct vehicular access, including personal or
company vehicles (SU -30 or smaller) to the
SolarFacilityshall be permitted to and from
Bradley Bridge Road and Branders Bride Road,
as generally shown as "Potential Solar
Maintenance Access" on Exhibit A.
C. Except for access to any Water Tank or the
Regional Wastewater Pumping Station, direct
vehicular access to the;Data Center Site shall
be limited to one (1) entrance/exit to either
Branders Bridge Road or Bradley Bridge Road.
D. There shall be no direct vehicular access to
Glebe Point Road or Skybird Road in the Glebe
Point Subdivision or Pointer Run Road in the
Glebe Point Estates Subdivision.
E. The exact design and
shall be approved
Department. (T)
location of each access
by the Transportation
6. Road Improvements.
A. If the Developer uses the County Property for
temporary construction access, then prior to
commencement of the Solar Facility
19-579
09/25/19
construction, the Developer shall construct an
adequate temporaryconstruction access road
through the County Property to accommodate
construction traffic for the duration of
construction.
B. If the Developer is unable to use the County
Property for temporary construction access,
then the Developer shall provide reasonable
compensation for damage caused due to
construction traffic on roads used, in
accordance with the Access Plan as referenced
in Proffered Condition S.A. (T)
7. Conservation Easement. Prior to the issuance of
the building permit for the land directly adjacent
to the lake, shown on sheet C4.0 on Exhibit A, the
developer shall dedicate a conservation easement,
as shown on sheet C4.0 on Exhibit A, - to
Chesterfield County or to another party as
requested by the County. (P and EE)
8. Trail. The Developer of the Data Center shall
construct the North-South Trail referenced in
Proffered Condition 4.B.i. as determined at the
time of site plan approval for the Data Center. (P
and P&R)
9. Water and Wastewater.
A. All applicable uses with permanent buildings
that require water and wastewater systems
shall be served by county water and county
wastewater.
B. The Developer shall provide an Overall
Water/Wastewater Systems Plan ("Overall
Systems Plan") for the Property based on
anticipated demands for all proposed uses
including the Data Center. The Overall
Systems Plan shall be submitted to the
Utilities Department for review and approval
prior to the final approval of any site plan
for the Property. The Overall Systems Plan
shall include, but not be limited to the
following:
i. A minimum of two (2) adequately sized
connections to the Courthouse Pressure
Zone for redundancy, looped through the
Property.
ii. A minimum of one (1) adequately sized
interconnection between the Courthouse
and Chester Pressure Zones, at a location
acceptable to the Utilities Department,
with any infrastructure necessary for
operation of the interconnection(s).
iii. A minimum of one (1) two -million -gallon
elevated Water Tank to be constructed at
a location with an elevation acceptable
19-580
09/25/19
to the Utilities Department. The Water
Tank is to be operated in the Courthouse
Pressure Zone unless otherwise approved
by the Utilities Department. The Water
Tank is to be constructed in conjunction
with the first -Data Center building on
the Property and shall be operational
prior to the issuance of the first
certificate of occupancy.
iv. Any off-site water and wastewater
improvements needed to provide the volume
of water delivery and wastewater
conveyance required for the development
of the Property.
V. Detailed engineering analysis of the
impact the proposed Property development
will have on the existing water and
wastewater systems to determine proposed
water and wastewater infrastructure
sizing, locations of facilities, points
of connection/interconnection for the
water system and appropriate discharge
point for the force main for the Regional
Wastewater Pumping Station.
vi. A Regional Wastewater Pumping Station
adequately sized and appropriately
located to provide service to the
Property, adjacent properties, and the
applicable surrounding sewer shed service
area.
vii. The improvements proffered herein are the
minimum improvements needed to support
the Property with a water and/or
wastewater demand not to exceed two -
million -gallons per day. Should the
Property require, a greater water and/or
wastewater demand, the Developer shall
participate in its pro -rata share of all
the costs necessary to improve --the County
water and/or wastewater system to supply
the water and/or wastewater demand
generated by the anticipated uses on the
Property.
C. The Developer shall construct all improvements
shown on the Overall Systems Plan necessary to
meet the demands of the Property. Phased
construction of the Overall Systems Plan
improvements shall be allowed to meet the
phased demands of the Property.
D. Following approval of the Overall Systems Plan
(developed to accommodate the construction of
regional water or wastewater facilities) and
approval of the site plan for the Solar
Facility or Data Center, the mutually agreed
utility easements and dedication of property
19-581
09/25/19
located on that portion o
included within the site pla
with the Overall Systems
provided to the County, at
County. Dedications of shall
described below.
f the Property
n and consistent
Plan shall be
no cost to the
be provided as
i. Property for each Water Tank, which
shall be a minimum of two (2) acres
up to a' maximum of f ive ( 5) acres,
together with the appropriate access
to a public road.
ii. Property for the Regional Wastewater
Pumping Station, which shall be a minimum
of three (3) acres up to a maximum of
seven (7) acres, together with the
appropriate access to a public road.
E. Solar Facility equipment installed in
accordance with the Overall Systems Plan shall
not be removed to accommodate the regional
water and wastewater facilities, easements,
and accesses unless mutually agreed upon by
the Solar Facility, the entity responsible for
the water and wastewater facilities
construction, and Chesterfield County. (U)
10. Environmental Engineering.
A. Steep slopes greater than 20o shall remain in
their natural, undisturbed state to the
maximum extent practicable except when removal
of tall trees is needed to prevent shading of
the solar panels. In such cases, only the
trees shall be removed and all other
vegetation shall remain undisturbed and no
clearing or grubbing shall be permitted.
B. For all portions of the Property that drains
in the direction of .the Lakeview Reservoir
(also known as Swift Creek Lake) in Colonial
Heights, one of the following erosion and
sediment control measure shall be used.
MR
i. All sediment basins shall be sized
twenty-five percent (250) larger
than the minimum sizing requirements
of the. current edition of the
Virginia Erosion and Sediment
Control Handbook.
ii. Enhanced erosion and sediment
control measures, such as super silt
fence (or alternative as approved by
the Department of Environmental
Engineering) and the use of anionic
PAM during construction will be
provided in accordance with the
design and standards set forth by
the Department of Environmental
19-582
09/25/19
Engineering at the time of site plan
review.
C. For the portions of the properties which
drain to the, west to the Glebe Point
subdivision and east to Branders Bridge Road,
the maximum post -development drainage
discharge rate for the 100 -year storm shall
be based on the maximum capacity of the
existing facilities downstream and shall not
increase the recorded and/or established 100 -
year backwater and/or floodplain. On-site
detention of the post -development discharge
rate for the 100 -year storm to below the pre -
development discharge rate may be provided to
satisfy this requirement. (EE)
11. Buffers. A 100 -foot buffer shall be provided in
accordance with Zoning Ordinance requirements and
subject to the restrictions below.
A. Selective tree removal shall be permitted at
the time of plans review provided the
Developer shall demonstrate to the Planning
Department where selective removal of
individual trees is necessary, as permitted in
the ordinance, and/or is necessary for removal
to limit shading of solar panels.
MS
i. When the North-South Trail easement
is located adjacent to Brander's
Bridge Road, removal of, taller
vegetation within the buffer to
limit shading of solar panels shall
be permitted within the westernmost
thirty (30) feet of the 100 -foot
buffer closest to the Solar
Facility.
ii. When the North-South Trail easement
is located within the westernmost
fifty (50) feet of the 100 -foot
buffer located along Brander's
Bridge Road, removal of taller
vegetation within the buffer to
limit shading of solar panels shall
be permitted within the westernmost
fifty (50) feet of the buffer
closest to the Solar Facility.
iii. Removal of taller vegetation within
the buffer located along the western
Property line to limit shading of
solar panels shall be permitted only
within the easternmost twenty-five
(25) feet of the 100 -foot buffer
closest to the Solar Facility.
B. Where further mitigation of views of the solar
facility is needed, the Developer shall plant
continuous evergreen vegetation in the areas
19-583
09/25/19
where approval is granted for selective tree
removal, unless the Planning Department deems
that remaining existing vegetation within the
buffer clearly mitigates visibility of the
Solar Facility from adjacent properties and
public rights-of-way. (P)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
19SN0602
In Dale Magisterial District, Farrish Properties, LLC
(project commonly known as Old Lane Crossing), requests
rezoning from Agricultural (A) and Light Industrial (I-1) to
Residential (R-15) with conditional use planned development
to permit exceptions to ordinance requirements and amendment
of zoning district map on 39.8 acres fronting the north line
of Old Lane, 690 feet east of Hopkins Road and fronting in
two places for 1580 feet on the east line of Hopkins Road,
500 feet north of Old Lane. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for single family
residential use of 2.5 dwelling units per acre. Tax IDs 785-
666-8528, 8563, 8746 and 9880; 785-667-8727 and 8755; 786-
666-3851; and 786-667-3619.
Ms. Darla Orr presented a summary of Case 19SN0602 and stated
the subject property is in a designated revitalization area.
She further stated a 98 -lot cluster -style single family
development is planned and will feature dwellings with front
porches on smaller lots located closer to tree -lined streets
with sidewalks, neighborhood pathways and gathering areas.
She stated under the Road Cash Proffer Policy, no road cash
proffer will be accepted to address the development's impact.
She further stated both the Planning Commission and staff
recommended approval because the proposed zoning and land use
comply with recommendations of the Comprehensive Plan;
quality design and architecture offered by the applicant
provide for a convenient, attractive and harmonious community
that should, enhance the surrounding development; and the
development's traffic impact will be addressed by providing
road improvements.
Mr. Kerry Hutcherson, representing the applicant, accepted
the recommendations and stated he believes the conditions
proffered are reasonable under state law.He further stated
the road improvements offered are supported by the
Transportation Department and will be constructed prior to
homes being built.
Ms. Haley called for public comment.
Ms. Judy Kibiloski expressed concerns relative to increased
traffic on area roads and additional congestion.
There being no one else to address the issue, the public
hearing was closed.
Mr. Holland stated the traffic impact created by the
development will be addressed by providing needed road
improvements in the area.
19-584
09/25/19
Discussion ensued , relative to the proffered condition
regarding a common area to be provided to serve as a focal
point and to accommodate and facilitate community gatherings.
Mr. Holland stated capacity is available in each of the
schools that will serve the development and road improvements
offered are supported by'the Transportation Department.
Mr. Holland then made a motion, seconded by Mr. Winslow, for
the Board to approve Case 19SN0602, not accept Proffered
Condition 11.C. and impose a condition to eliminate the words
'"at least one of" and accepted the following proffered
conditions:
The Applicant in this case, pursuant to Section 15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for itself and its
successors or assigns, proffer that the property known as
Chesterfield County Tax Identification Numbers 786-666-3851,
785-666-8528, 785-666-8746, 785-666-8563, 785-666-9880, 785-
666-8727, 786-667-3619, and 785-667-8755 ("the Property")
under consideration will be used according to the following
proffer(s) if, and only if, the request submitted herewith is
granted with only those conditions agreed to by the
Applicant. In the event this request is denied or approved
with conditions not agreed to by the owners and Applicant,
the proffer shall immediately be null and void and of no
further force or effect.
1. Master Plan. The Textual Statement, last revised
August 7, 2019, shall be considered the Master
Plan. (P)
2. Access.
A. Direct vehicular access from the Property to
Hopkins Road shall be limited to one (1)
public road and four (4) residential driveways
for proposed Lots E2, E3, E4, and 94. Lot
numbers referenced are noted on the Concept
Plan.
B. Direct vehicular access from the Property to
Old Lane shall be limited to one (1) public
road.
The Transportation Department shall approve the exact
location of the public road accesses. (T)
3. Dedication. The following rights-of-way shall be
dedicated, free and unrestricted, to and for the
benefit of Chesterfield County in conjunction with
recordation of the initial subdivision plat or
within sixty (60) days from a written request by
the Transportation Department, whichever occurs
first:
A. Forty-five (45) feet
east side of Hopkins
centerline of that
immediately adjacent
19-585
of right of way along the
Road, measured from the
part of Hopkins Road
to the.property.
09/25/19
B. Thirty-five (35) feet of right of way along
the north 'side of Old Lane, measured from the
centerline of that part of Old Lane
immediately adjacent to the property. (T)
4. Road Improvements. In conjunction with initial
development, the following road improvement shall
be completed, as determined by the Transportation
Department. The Transportation shall approve the
exact design of these improvements.
A. Construction of additional pavement along
Hopkins Road to provide left and right turn
lanes at the existing Alfaree Road
intersection and the approved public road
access for the Property.
B. Construction of additional pavement along Old
Lane at the approved public road to provide a
separate right turn lane.
C. Construction of a VDOT standard sidewalk along
Hopkins .Road and Old Lane in the areas shown
on the Concept Plan, with modifications
approved by the Transportation Department.
D. Improving the east side of Hopkins Road
Property frontage, located between Tax ID 785-
666-7793 and 785-666-770.0 (approximately 840
feet), to provide a four (4) foot wide unpaved
and graded , shoulder without
relocation/adjustment of existing utility
poles, with modifications approved by the
Transportation Department.
E. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way
(or easements) required for the improvements
identified above. (T)
5. Architectural/Design Elements. All Architectural/
Design Elements below are considered minimum
standards for the Property.
A. Stvle and Form.
i. Dwelling units shall exhibit
architectural styles and forms generally
consistent with those depicted in the
renderings, prepared by Grey Ridge
Builders, dated June 5, 2019, attached
hereto as EXHIBIT A.
B. Exterior Facades.
i. Facade Materials.
Acceptable siding materials include
brick, stone, horizontal lap siding,
vertical siding, or a combination
19-586
09/25/19
thereof. Siding is be permitted to be
manufactured from cement fiber board
(such as Hardie -Plank, Hardie -Shingle, or
Hardie -Trim) or may be vinyl siding or
other material approved by the Planning
Department as being comparable in
_quality. Dutch lap siding is prohibited.
Metal, PVC, Fypon, or other similar
materials may be use for trim and accent
features - only. Additional facade
requirements:
a. Where vinyl siding is used it shall
have a minimum wall thickness of
.044 inches.
b. Each street -facing facade of a
dwelling unit located on a corner -
side lot shall feature architectural
detailing and materials that are
similar to the front facade.
Special focus units, which shall
include Lots 1, 17, 18, 47, 48, 5.8,
60, 69, 74, 79, 80, and 87, as shown
on the Concept Plan, shall have an
embellished facade with enhanced
features. Embellished facades may
include a mixing of materials,
gables, dormers, entryway details,
shutters, or other architectural
features on the exterior that
enhance the entry (i.e. decorative
lintels, shed roof overhangs,
arches, columns, keystones,
eyebrows, etc.).
ii. Foundation Materials. Foundation
treatments on the front and side facades
of all dwelling units, excluding beneath
porches, shall be brick or stone and
shall extend from the outside final grade
to the sill. supporting the first floor
joists. Foundation treatments on rear
facades of all dwelling units shall be
masonry and shall extend a minimum of
eight (8) inches above final grade.
Stepping the siding down below the first
floor shall be permitted in circumstances
of unique topographical conditions.
iii. Roofs. Roof materials shall be standing
seam metal or thirty (30) year
architectural dimensional shingles with
algae protection.
C. Unit Porches. Each dwelling unit shall
include a front porch, measuring a minimum of
five (5) feet in depth, and featuring a roof
of standing seam metal or thirty (30) year
architectural dimensional shingles with algae
protection and columns constructed of rot -
19 -587
09/25/19
proof material such as MiraTEK. or an
equivalent product. Where piers are used at
the base of porch columns such piers shall be
constructed of brick or stone. Porch floors
and steps shall be constructed of rot -
resistant wood. Each dwelling unit located on
a corner -side lot shall feature a front porch
that wraps around the corner -side. -facing
facade for at least thirty percent (30o) of
the side depth of the dwelling.
D. Variation in Front Elevations. The following
restrictions designed to maximize.
architectural variety of the. dwelling units
constructed on the Property shall apply:
i. Dwellings with the same front elevation
may not be located adjacent to, directly
across from, or diagonally across the
street from each other on the same
street.
ii. Variation in the front elevation to
address the paragraph above shall not be
achieved by mirroring the facade, but it
shall be accomplished by providing at
least three (3) of the following
architectural changes:
(a) extending a front porch around the
dwelling to at least thirty percent
(300) of the side depth of the
dwelling
(b) varying the type of roof or roof
line, such as varying the design and
location of dwelling gables and
dormers as appropriate for the
architectural style of the
associated dwelling
(c) alternating the color themes with
respect to siding, doors, and trim
(d) changing from one architectural
style to another through
architectural detailing consistent
with a different architectural style
such as Craftsman, Colonial Revival,
Victorian, or variations of those
styles
(e) -varying the window and door
fenestration as appropriate for the
architectural style. of the
associated dwelling
(f) visually accenting a portion of the
house .such as a projecting room or
porch walls with brick or stone. (BI
and P)
19-588
09/25/19
6. Driveways and Front Walks. Driveways shall be
constructed of asphalt. Front walks leading from
dwelling units to driveways shall be a minimum of
four (4) feet in width and constructed of brushed,
stamped, or exposed aggregate concrete. (P)
7., Unit Landscaping and Location of Heating,
Ventilation and Air Conditioning (HVAC) Units and
Whole House Generators. Foundation planting beds
shall be required along the entire front and corner
side/street facing facades 'of dwelling units.
Foundation planting beds shall be a minimum of four
(4) feet ,wide from the unit foundation. Prior to
the release of building permits, a landscape plan
for each house type shall be submitted to the
Planning Department showing a mix of accent shrubs
and low shrubs suited to the house type, and as
appropriate in ' extended planting beds, ground
covers and/or ornamental grasses. HVAC Units, and
Whole House Generators that are visible from a
public street shall be screened by landscaping. (P)
8. Garages. Neither attached nor detached garages are
required, and garages shall only be permitted on "A
Lots" ,and Lots El, E2, E3, and E4, as shown on the
Concept Plat. Any garage door that is visible from
a public road shall feature an upgraded garage
door. An upgraded garage door is any door with a
minimum of two (2) enhanced features. Enhanced
features shall include_ windows, raised panels,
decorative panels, arches, hinge straps or other
architectural features on the exterior that enhance
the entry (i.e. decorative lintels, shed roof
overhangs, arches, columns, keystones, eyebrows,
etc.). Flat panel garage doors are prohibited on
any garage that is visible from a public road. No
front -loaded garage shall extend past the front
facade of the main dwelling that it serves. (BI
and P)
9. Street Lighting. Pedestrian -oriented street
lighting (lantern -style) shall be provided as
generally shown on the Concept Plan. (P)
10. Connection to County Water/Sewer. The
Applicant/Developer/Subdivider shall connect the
Property to County water and sewer at time of
initial site construction. (U)
11. Common Areas. The following common areas shall be
provided in open space as generally shown on the
Concept Plan:
A. Pedestrian Access System. In conjunction
with construction of internal subdivision
roads, the Applicant/Developer/Subdivider
shall provide a pedestrian access system
comprised of the sidewalks along portions of
Hopkins Road, Old Lane, and all interior
subdivision roads, together with pedestrian
paths of pavement, all as generally shown on
19-589
09/25/19
the Concept Plan.
B. Hardscaped Recreational Areas. Throughout the
pedestrian paths there shall be a minimum of
two (2) hardscaped recreational areas with
benches and outdoor exercise stations.
C. NOT ACCEPTED
12. Density Requirement: Density on the Property shall
not exceed a maximum of ninety-eight (98) dwelling
units. It is hereby acknowledged that the actual
number of units may be fewer than ninety-eight (98)
depending on how drainage outfall issues are
resolved. (P and EE)
13. Entrances: The entrance on Old Lane and one (1) of
the entrances on Hopkins Road shall be enhanced
entrances that each include a sustainable monument
sign and supportive landscaping. The monument sign
shall be constructed of durable, low -maintenance
materials: The exact design and location of the
entrance features shall be approved by the Planning
Director in conjunction with subdivision plan
approval. (P)
14. Storm Water Management: Sheet flow generated from
impervious areas on the Property that are adjacent
to Chesterfield County Tax Identification Numbers
785-666-7793, 785-666-7700, 785-665-7694, 786-665-
0865, and 786-665-2166 shall either (A) be diverted
away from such adjacent properties or (B) otherwise
controlled using stormwater control measures,
provided that such stormwater control measures are
approved by the Director of Environmental
Engineering (or a staff member who has been duly -
authorized by the Director) at the time of
construction plan review. (EE)
15. Street Trees. Street trees shall be provided on
both sides of all streets and in accordance with
the Zoning Ordinance. (P)
C nMnTTTCSN
A common area measuring at least 0.5 acres shall be
provided to serve as a focal point and to
accommodate and facilitate community gatherings
(The "Focal Point") The Focal point shall include
the following:
1. A playground
2. A picnic area with tables, charcoal
grills and/or a shelter
3. A Community Garden
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
19-590
09/25/19
20SN0508
In Midlothian Magisterial District, Thalhimer Realty Partners
(project commonly known as Winterfield Commons) requests
amendment of zoning approval (Case 18SN0836) relative to the
master :plan and density plus conditional use planned
development to permit exceptions to the ordinance
requirements and amendment of zoning district map in
Residential Townhome (R-TH) and Neighborhood Commercial (C-2)
Districts on 6.7 acres located in the northeast corner of
Winterfield Road, Winterfield Lane, and Midlothian Turnpike.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Village Fringe Area. Tax IDs 725-709-9433 and
9911; 726-708-0495, 1397 and 3588; 726-709-0149; 0434, 0813,
1718, 2430, and 3003.
Ms. Darla Orr presented a summary of Case 20SN0508 and stated
a development (commonly, known as Winterfield Commons)
including 50 townhomes and neighborhood commercial uses with
up to 19 above shop multi -family residential units is
planned. She further stated amendment of zoning approval is
proposed to accommodate revisions in the- project's design
based on more detailed engineering during plans review. She
stated the applicant found that additional right of way
dedication along Winterfield Road and increased commercial
building size were necessary for the development. She further
stated the report from Schools indicates that the capacity at
Watkins Elementary School is based on last year's enrollment.
She noted the exact number for the school has not been
finalized by the school division.
Discussion ensued relative to current enrollment at Watkins
Elementary School and incorrect information provided in the
staff report.
Ms. Orr stated the applicant has proffered to realign the
existing Winterfield Road roundabout and approaches and
install/maintain landscaping and features within the
Winterfield roundabout to off-setrthe development's impact on
roads. She further stated both the Planning Commission and
staff recommended approval because the proposal. permits
development flexibility while maintaining the quality design
and architecture offered.by the applicant that provide for a
convenient, attractive and harmonious community, that should
enhance Ithe surrounding area and the development's traffic
impact is addressed by providing road improvements.
In response to Mr. Holland's question, Ms. Haley stated the
capacity numbers in July in relation to some of the proposed
projects showed Watkins Elementary School, at 83 percent
capacity, with Old Hundred Elementary School opening in
September. She noted the school, division has been unable to
update the capacity information.
Ms. Orr noted the project is already zoned and the applicant
is proposing an additional 4 -multi -family units.
Discussion ensued relative to Mr. Holland's concerns
regarding impacts to associated schools and enrollment
capacity.
Mr. Andy Condlin, representing the applicant, accepted the
recommendation and stated he believes the conditions
proffered are- reasonable under state law. He further stated
19-591
09/25/19
the amendment proposes minor changes to 2018 zoning that
permitted the proposed development; only adding 4 -multi-
family units to approved density which would,increase traffic
by 20 trips per day.
Discussion ensued relative to an adjustment in setbacks and
proposed urban streetscape appropriate at the corner of
Midlothian Turnpike 'and Winterfield Road; the development to
make improvements to Winterfield Road roundabout and the
construction of the East West local road through the
property; and internal connections and sidewalks. Mr. Condlin
also noted crosswalks and parking space on the revised
conceptual plan.
Ms. Haley called for public comment.
Mr. Bob Roe, representing the Citizens for Midlothian, stated
the development is a prime example of why the residents are
upset with the massive development of high-density, mixed use
projects in the Village. He expressed concerns relative to
increased traffic on Winterfield Road and urged the Board to
deny the request.
Ms. Barbara Roe expressed concerns relative to the number of
parking spaces, setback reductions and urban streetscape that
will prevent the creation of pedestrian areas. She urged the
Board to deny the request.
Ms. Elizabeth Florek expressed concerns relative to increased
traffic on Winterfield Road and Midlothian Turnpike created
by the development and anticipated school impacts.
There being no one else to address the issue, the public
hearing was closed.
Mr. Condlin reiterated his previous remarks.
Ms. Haley noted the applicant is only adding 4 multi -family
units to the approved density and the case has minimal
changes as proposed.
Ms. Haley made a motion, seconded by Ms. Jaeckle, for the
Board to approve Case 20SN0508 and accept the proffered
conditions.
In response to Mr. Elswick'-s question, Mr. Jesse Smith stated
the 4 additional residential units will add a nominal amount
of traffic.
Discussion ensued relative to the minor changes and
improvements to the 2018 zoning that permitted the proposed
development, parking space requirements and traffic generated
by the development of the property.
Ms. Haley called for a vote on her motion, seconded by Ms.
Jaeckle, for the Board to approve Case 20SN0508 and accept
the following proffered conditions:
The Owner -Applicant in this rezoning Case 20SN0508, pursuant
to Section 15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County,
Virginia, for itself and its successor or assigns, proffers
that the development of the Property will be developed as set
forth below; however, in the event the request is denied or
approved with conditions not agreed to by the Owner -
19 -592
09/25/19
Applicant, these proffers shall be immediately null and void
and of no further force or effect.
The following proffers from Case 18SN0836 shall be amended as
follows:
1. Master Plan. Standards for parking, multi -family
residential dwelling density and setbacks shall be
modified as provided in the Textual Statement last
revised September 9, 2019 attached hereto. (P)
2. Concept Plan Requirements. The site shall be
designed as generally depicted on the plan entitled
"WINTERFIELD COMMONS, CONCEPTUAL PLAN, MIDLOTHIAN
DISTRICT, CHESTERFIELD COUNTY, VIRGINIA", dated
June 10, 2019, last revised August 13, 2019, and
attached hereto as Exhibit A (2 pages) (the
"Concept Plan") However, the exact location of
buildings, drive areas and parking areas may be
modified provided that the general intent of the
Concept Plan is maintained with respect to'location
of uses, internal road network and pedestrian
environment. (P)
The applicant proffers the following additional road
improvement:
3. Road Improvements. In addition to such other road
improvements as may otherwise be required, prior to
issuance of an occupancy permit on the Property,
the developer shall be responsible for installation
of two (2) street lights within the Winterfield
Road roundabout, as determined by the
Transportation Department and as approved by the
Virginia Department of Transportation. (T)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
On motion of Mr. Winslow, seconded by Mr. Elswick, the Board
suspended- its rulesto consider matters after 11:00 p.m.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
In Bermuda Magisterial District, Andrew M. Condlin requests
rezoning from Light and General Industrial (I-1 and I-2) to
Light Industrial (I-1) with conditional use to permit
automobile storage lot with accessory vehicle maintenance
plus conditional use planned development for ordinance
exceptions on 183.9 acres lying east of I-95, fronting 3,755
feet on the west line of Woods Edge Road across from South
Creek and Walthall Creek Drives. Density will be controlled
by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Industrial use as a master planned/land aggregation area. Tax
IDs 80.2-643-9234; 803-641-5123;, 803-642-5764; 803-643-8765
and 803-644-2879.
19-593
09/25/19
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Ms. Denise Jones, resident of Walthall Creek,' expressed
concerns regarding to impacts on neighboring subdivisions
relative to compatibility and traffic and pedestrian safety
on Woods Edge Road.
Mr. Tim Malone, president 'of the Walthall Creek Homeowners
Association, expressed concerns regarding to impacts on
neighboring subdivisions relative to buffering and inquired
about traffic management, site plan elements pertaining to
transportation improvements and pedestrian safety on Woods
Edge Road. He urged the Board to deny or defer the matter to
address citizen questions and concerns.
Mr. James Altos, resident of Walthall Creek, expressed
concerns relative to the negative impacts of the development
on neighboring subdivisions.
Ms. Lisa Mason, resident of Walthall Creek, expressed
concerns relative to the development and stated the
conditional use guidelines to protect the use and enjoyment
of area residential properties have not been met. She
inquired about traffic management and site plan elements
pertaining to transportation improvements.
Mr. Matthew Funk, resident of South Creek, expressed concerns
relative to traffic and pedestrian safety and the lack of
guarantee to preclude northbound truck traffic on Woods Edge
Road. He inquired about consideration for a traffic impact
analysis.
Mr. Mike Uzel expressed concerns relative to the probability
of increased car and truck traffic on Woods Edge Road,
impacting an elementary school and several residential
subdivisions, stormwater runoff and inquired about the
protection _of .civil war earthworks. He urged the Board to
deny the request.
Mr. Eric Goulet, president of the Walthall Creek subdivision,
expressed concerns relative to impacts of the development on
neighboring subdivisions relative to compatibility, buffering
and noise. He stated the conditional use guidelines to
protect the use and enjoyment of area residential properties
have not been met. He asked the Board to deny the request.
Mr. Michael Harrison, resident of Walthall Creek, expressed
concerns relative to stormwater runoff, ground contamination
and impacts on area school use and residential property
values.
Mr. Murti Khan, Bermuda District resident, expressed concerns
relative to lack of transparency between the applicant and
neighboring residents. He urged the Board to deny the
request.
Ms. Johnnie Humphrey expressed concerns regarding impacts on
neighboring subdivisions relative to compatibility and
traffic and pedestrian safety on Woods Edge Road,
specifically in relation to Margarite Christian :Elementary
School.
Ms. Nancy Alexander, resident of Walthall Creek, expressed
concerns relative to impacts on neighboring subdivisions and
traffic and pedestrian safety on Woods Edge Road. She urged
19-595
,09/25/19
the Board to deny or defer the matter to address citizen
questions and concerns.
Mr. Jeff Siffert stressed the importance of businesses moving
into areas of the county and creating a workforce of young
individuals.
Ms. Patricia Gibson, neighboring property owner, expressed
concerns relative to traffic and pedestrian safety on Woods
Edge Road and stated the conditional use guidelines to
protect the use and enjoyment of the area residential
properties have not been met. She urged the Board to deny the
request.
Mr. Ed Alexander, resident of Walthall Creek, expressed
concerns relative to impacts of the development on
neighboring subdivisions, compatibility and stormwater runoff
and expressed his preference for regional mixed uses at the
location.
There being no one else to address the issue, the public
hearing was closed.
Mr. Ward noted the property is already zoned Light Industrial
(I-1). He stated the proposal provides enhanced protections
for truck entrances from the interchange -at Ruffin Mill Road,
with lower average daily trips and provides more protections
for area residential development over existing zoning. He
stated sight distances at each proposed entrance to Woods
Edge Road was confirmed with the site plan.
In response to Ms. Jaeckle's question, Mr. Ward stated 3 out
of the 4 historical sites are located in the RPA.
Ms. Jaeckle stated she believes this Board has been very
cognizant of county historical sites and the importance of
their investment.
In response to Ms. Jaeckle's question, Mr. Smith stated the
sight distance issue raised by several citizens pertains to
exiting the South Creek subdivision, which is an existing
sight distance issue. He further stated the applicant will
provide turn lanes at their entrance and will be required to.
achieve adequate sight distance at their entrance.
In response to Ms. Haley's question, Mr. Smith stated there
is an existing sight distance issue exiting the South Creek
subdivision, due to a vertical curve. He noted as Carvana
provides improvements, trees and other obstructions will -be
cleared to provide better sight distance.
Ms. Jaeckle inquired when the surrounding neighborhood
subdivisions were developed. She stated the use is already
zoned for warehouse distribution uses by right within the
Light Industrial (I-1) District.
In response to Ms. Jaeckle's question, Mr. Scott Smedley
stated there is interest by the property owner to timber the
site and timbering could occur to the extent of buffer
provisions with the current case.
19-596
09/25/19
In response to Ms. Haley's question, Mr. Smedley stated there
are protections to address Ashton Creek and runoff relative
to design, drainage limitations, best management practices
and use of oil/water.separators.
Discussion ensued relative to best management practices.
Ms. Jaeckle stressed the importance of I-1 impacts and made a
motion to defer action on the matter for 30 days to give
residents of adjacent residential neighborhoods on Woods Edge
Road time to review the full list of proffered conditions.
Mr. Winslow seconded the motion.
In response to Mr. Holland's question, Ms. Peterson stated
conditions have been proffered regarding noise including
truck idling, overhead doors and noise studies generated from
the operation versus ambient noise levels. She noted those
noise studies would be provided to the representatives for.
Walthall Creek and South Creek subdivisions.
Discussion ensued relative to the noise generated by an I-1
operation.
Ms. Jaeckle noted warehouse distribution is very popular and
once the property. is timbered inquires could increase. She
stated she understands the concerns of the citizens; however,
there are many alternate uses already permitted by right
under the existing zoning.
Mr. Elswick produced s.everal.pages of alternate uses already
permitted by right and with restrictions. He stated there are
so many uses that could acquire the property which the county
has no control over.
In response to Mr. Elswick's question, Mr. Ward stated he
could not predict how leadership would handle a 30 -day
deferral. He further stated a few delays have occurred which
has resulted in extensions of purchase agreements with the
property owners. He noted other locations have been discussed
not in Chesterfield County.
Mr. Elswick reiterated his remarks relative to the many uses
permitted by right with fewer controlled restrictions.
Ms. Haley concurred with Mr. Elswick's remarks.
Ms. Jaeckle reiterated her intentions to defer the item for
30 days.
Mr. Holland expressed concerns relative to the process and
stressed the importance to remain open, honest and
transparent with the surrounding residents. He concurred with
Ms. Jaecklo's motion.
Mr.' Winslow encouraged citizens to present any further
questions or concerns not presented tonight to members of
Planning staff.
Discussion ensued relative to the motion.
Ms. Jaeckle noted the only reason conditions are imposed is
because the applicant wants outside storage, which is not
19-597
09/25/19
allowed with the conditional use. She stated she is reluctant
to defer the matter due to the fiduciary responsibility of
Carvana investors. She noted plans to meet with the
representatives of the neighboring subdivisions.
Ms. Haley called for the vote on Ms. Jaeckle's motion,
seconded by Mr. Winslow, for the Board to defer Case 19SN0613
until October 23, 2019.
Ayes: Jaeckle, Winslow and Holland.
Nays: Haley and Elswick.
19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining manufactured home permits and zoning
requests.
20. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Phil Lohr expressed concerns relative to the lack of
transparency regarding contamination of the property and the
authority of the Economic Development Authority in relation
to the proposed Courthouse Landing site.
21. ADJOURNMENT
On motion of Mr. Winslow, seconded by Ms. Haley, the Board
adjourned at 12:53 a.m. until October 23, 2019 at 2:OO p.m.
for a work session in Room 502.
19-598
09/25/19