2019-10-23 MinutesA
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BOARD OF SUPERVISORS
MINUTES
October 23, 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 SEPTEMBER 25, 2019
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
approved the minutes of September 25, 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
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
replaced Item 6., Closed Session, to add an additional topic
pursuant to Section 2.2-3711(A)(8): Shoosmith Brothers, Inc.
v. County of Chesterfield, Virginia and Board of Supervisors
of Chesterfield County, Virginia, and approved the agenda, as
amended.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
3. EVERYDAY EXCELLENCE - POLICE DEPARTMENT
Sgt. William Rosser presented details of the "Chesterfield
Police Experience Program," which recently won the Virginia
Association of Counties (VACo) Best Achievement Award.
Board members commended Sgt. Rosser and others involved with
the project for working with Virginia State University on
this outstanding program.
Ms. Jaeckle stated she would like to see a program similar to
this in the county's high schools.
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4. WORK SESSIONS
4.A. POLICE UPDATE
Colonel Jeffrey Katz provided an update to the Board of
Supervisors regarding the Police Department. He stated the
department exists to preserve human life, protect the
vulnerable, engage in problem -solving partnerships, and to
procure, develop and retain an increasingly talented
workforce. He further stated the department has developed an
innovative program known as the "school to squad pipeline,"
with police service aides, the Police Athletic League and the
cadet program. He discussed the department's retention
efforts, providing details of sworn strength versus turnover.
He stated there has only been one retirement during 2019
since implementing the retention program, noting it is
anticipated that by June 2020, the Police Department will be
fully staffed for the first time in 15 years. He expressed
appreciation for the Board's support of the department's
retention program. He stated staff partnered with VCU's
Marketing Department on recruitment efforts for the age group
that is entering the workforce out of college. He stated
life -changing relationships are being developed with students
through the Police Athletic League, after-school programs,
sports clinics and many other programs. He further stated
the department worked with nearly 10,000 students this year
teaching conflict resolution, how to deal with bullying, and
similar issues, and also worked with Virginia State
University's Criminal Justice Department, resulting in a
number of internships. He provided data related to the
department's life-saving efforts, noting that the increase in
2018 and 2019 is attributed to administration of Narcan. He
stated there have been 186 overdoses in the county so far
this year, which is a decline from last year, noting that
many times Narcan is administered and the department is not
aware of the overdose. He stated Chesterfield has
historically been in the top three or four localities in the
state for traffic fatalities. He provided data related tn nTTT
arrests and stated the de
DUI enforcement program
fatalities. He stated t
involved in human traffic
capacity in the special
narcotics enforcement, pr
seizures in the county in
drug sales is a $100 millic
and people die as a resu
because someone is held ac
with drugs and drug money
He reviewed data related
homicides, noting that app.
have a direct nexus to dru
sales is a serious matter
the county annually either
He displayed a photo of a
during a recent drug raid j
old child holding $10,000
drug sales is not a game i
impacted, including those c
>artment has implemented a robust
to proactively reduce traffic
ie department is looking to get
:ing investigations by increasing
victims unit. He then discussed
)viding details of several drug
she last year. He stated illegal
z business in the county annually,
_t of the seizure of drug money
countable for it. He noted that
seizures, guns are also involved.
to fatal overdoses/drug-related
oximately 20 percent of homicides
S. He stressed that illegal drug
and is taking dozens of lives in
through drug overdose or homicide.
cell phone screen saver recovered
z the county, depicting a 10 -year -
)f drug money, and stated illegal
the county; real lives are being
vulnerable children.
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Ms. Haley expressed appreciation to Colonel Katz for
providing details and keeping the Board informed about what
is happening in the community.
Ms. Jaeckle expressed appreciation to Colonel Katz for
presenting the Board with a hiring and retention plan to
address the challenges in this area.
Mr. Winslow encouraged residents to become involved with the
community activities of the Police Department.
Mr. Elswick expressed appreciation for the excellent results
from the funding that was provided for retention. He inquired
about the percentage of the population that uses drugs.
Colonel Katz stated he is not aware of any studies related to
the number of people who use drugs but will look at the issue
and see if a response can be provided.
4.B. COUNTY AIRPORT UPDATE
Mr. Clay Bowles, Director of General Services, provided the
Board with an annual update related to the County Airport. He
started off by recognizing Mr. Pat Driskill, who recently
retired as Airport Manager and introducing Mr. Jeremy
Wilkinson, who will be serving as the Acting Airport Manager.
He stated the airport is well positioned as a general
aviation reliever with recreation, corporate and public
safety aviation as the three major user groups. He further
stated according to the 2018 Virginia Airport System economic
impact study, the Chesterfield Airport contributed to
approximately $52 million in economic activity in the area
and supported 266 jobs with an annual payroll of over $15
million. He further stated the facility spans 552 acres and
there is currently a 5,5000 -foot runway with a planned
expansion to 6,300 feet. He provided details of a number of
amenities located at the airport. He reviewed increases in
annual flight operations and T -Hangar occupancy rate. He
provided updates for active large capital projects, including
the fuel farm replacement; obstruction removal for the first
step of the runway expansion; and the north ramp development.
He then provided an update on projects that are in the early
stages, including the southeast ramp development and the
economic development area at the intersection of Whitepine
and Iron Bridge Roads. He provided a conceptual layout of
what the intersection could look like. He stated revenues
generated from this development must be returned to the
airport to enhance the financial self-sufficiency of the
facility.
In response to Mr. Holland's question, Mr. Matt Harris stated
staff is working towards making the airport more of an
enterprise fund over time.
Mr. Bowles provided an overview of financial activity at the
airport. He stated it is important to recognize that
revenues from real estate and personal property tax from the
privately -owned airport facilities and aircraft currently go
to the general fund and not directly to the facility.
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Mr. Holland stated staff may want to consider in the future
whether those funds should eventually go to the self-
supporting airport as expansions occur.
Ms. Haley stated it has been difficult to grasp activities at
the airport when these numbers are isolated and not used for
reinvestment.
Dr. Casey clarified that the State Auditor of Public Accounts
requires the county to classify the taxes as general fund
revenue, noting that the Board could implement a policy in
the future to transfer those funds to an airport fund.
Mr. Bowles stated the facility is generating sufficient
revenue to cover day-to-day expenses, but support is needed
from the general fund to assist with larger major maintenance
and capital expenses, as well as the local share of the
federal and state funded contracts. He further stated it is
important to review operations, contract compliance and
reporting processes for the airport, and staff has been
working with Internal Audit to initiate an audit process.
Mr. Holland suggested applying for a grant from the FAA to
assist with lighting and improved architectural view of the
airport to enhance its appearance.
Mr. Bowles stated a project of that nature would likely be
100 percent locally funded, indicating that staff will be
working to try to build that into future capital requests.
4.C. PROPOSED 2020 LEGISLATIVE PROGRAM
Ms. Mary Ann Curtin stated the 2020 General Assembly session
will be a long session. She reviewed the proposed guiding
principles of the county's legislative program, including
maintaining quality public education and public safety;
providing quality of life consistent with community
expectations; and maintaining local autonomy. She then
reviewed global issues and concerns, noting that this is the
year when the state re -benchmarks the SOQ funding formula.
She stated the State Board of Education has recommended some
significant changes to the SOQ that would cost approximately
$950 million statewide, if implemented, and does not include
a local match.
Ms. Jaeckle stated reading specialists and reduced class
sizes are being pushed, noting that there is a capital cost
to reduced class sizes and that needs to be made known.
Ms. Curtin stated it is anticipated there will be increases
in what is required on both the state and local levels for
VRS contributions. She then reviewed proposed support and
oppose requests for the Board's consideration, including a
new support request related to Compensation Board funding.
She ended the presentation by reviewing key dates related to
the legislative calendar.
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Discussion ensued relative to potential legislation related
to the machinery and tools tax.
Mr. Elswick requested that Dr. Casey inform the Board of the
proposed increase in VRS rates as soon as possible.
Dr. Casey stated VRS reduced its actuarial presumption rate
of return from 7 percent to 6.5 percent, which is estimated
at an annual impact of $3-4 million. He expressed concerns
that many localities do not have the resources to come up
with that. He stated the statewide rate for teachers has
been determined, but the county will not receive the local
rate for its employees for another 45-60 days.
Mr. Harris stated staff will be prepared to discuss this
issue and provide better estimates at the November 13th Board
meeting, and potentially at Audit and Finance on November
8th.
Ms. Curtin noted that the local composite index will also be
updated this year, which is in essence the local match.
Mr. Elswick expressed concerns that some of the candidates
running for state office want to pay teachers the state
average, which would have a financial impact on the county.
4.D. PROPOSED ORDINANCE AMENDMENT RELATING TO MACHINERY AND
TOOLS USED BY CERTAIN BUSINESSES LOCATED WITHIN AN
ENTERPRISE ZONE OR SUBZONE OR TECHNOLOGY ZONES
Ms. Karen Aylward, Assistant Director of Economic
Development, provided details of the county's five technology
zones: the Jefferson Davis Technology Zone and the Hull
Street Road Technology Zone, which will expire on December
31, 2023; and the Walthall Technology Zone, Eastern
Midlothian Technology Zone and Meadowdale-Meadowbrook
Technology Zone, which will expire on December 31, 2025. She
stated one of the components of our local package of benefits
is a rebate of machinery and tools tax used by certain
businesses located in the technology zones. She further staed
currently, a business that is new to the county that locates
in one of the zones is entitled to receive a 5 -year 100
percent rebate of the taxes paid for machinery and tools.
She stated if a business already located in a technology zone
takes on an expansion and invests in new jobs and machinery
and tools, they must increase the assessed value of their
machinery and tools by more than 15 percent in order to be
eligible to receive that benefit. She further stated this
threshold investment criteria was added in 2005 to prevent
companies located in the zone from applying for the rebate on
routine maintenance and replacement of existing equipment.
She stated the criteria has proven to be ineffective for
incentivizing some businesses to make expansions and add
jobs. She further stated among other problems, the current
ordinance affects large and small businesses unfairly, and
there is currently no job creation component to that benefit.
She stated staff is proposing to change the ordinance based
upon actual capital investment numbers and actual numbers of
new job creation, setting a level of benefit for small
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businesses as defined in state code and a level for large
businesses. She stated a business that meets the definition
of a small business would need to create either five net new
jobs and invest at least $5 million in new capital investment
in machinery and tools or create 10 net new jobs and invest
at least $1 million. She further stated businesses that do
not qualify as small businesses would be required to create
25 net new jobs and make a $100,000,000 capital investment or
create 50 net new jobs and make at least a $5,000,000 capital
investment. She stated staff benchmarked other technology
zone benefit packages across the state, and the proposed
ordinance mirrors some of the criteria of other localities.
She further stated the proposal would provide a more detailed
definition of a qualified facility expansion and renovation
that can be applied fairly to both large and small businesses
and will encourage both new capital investment and new job
creation for businesses already locating in the zone and
making a bona fide expansion.
Dr. Casey stated the Board will be considering on its consent
agenda setting a public hearing for the November 13th meeting
to consider the proposed ordinance amendment.
Mr. Winslow inquired how the number of jobs created is
determined.
Ms. Aylward stated staff confirms those jobs through
Chesterfield Opportunity, Business Incentive and Commonwealth
Development Opportunity grants. She noted this is a rebate
of the machinery and tools tax, so the business would have to
confirm the jobs creation before getting the rebate.
Mr. Holland stated he would like to have details at a later
time on what the county can do to incentivize existing small
businesses to create jobs and expand their businesses.
4.E. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT
AWARDS
Mr. Dan Cohen, Director of Community Enhancement, briefed the
Board on Housing and Urban Development (HUD) grant awards
that the Board will be considering the acceptance of, for a
lead-based paint reduction program and healthy homes
supplemental funding.
He introduced Mr. Matt Morgan from Project: HOMES, who
partnered with the county to obtain the grant. He stated the
$1.58 million grant requires a 25 percent match, with
$190,000 being provided by Project: HOMES and the remainder
coming from the Community Development Block Grant (CDBG)
budget. He further stated approximately 25 percent of the
county's housing stock would be eligible for the program and
discussed efforts to determine houses that qualify for the
grant. He noted that the grant is not only for identification
of lead-based paint, but also for repairs to address other
issues, such as weatherization and mold. He recognized Mr.
Zack Miller with Project: HOMES and thanked him for his
assistance with securing the program.
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Discussion ensued relative to the identification of homes
that will benefit from the program.
In response to Mr. Winslow's question, Mr. Morgan stated
homes that qualify must be pre -1978 that are low-income with
children under the age of six. He provided details of the
process to identify and replace the lead-based paint and
identify other issues that need to be fixed.
In response to Mr. Holland's question, Mr. Morgan stated the
average cost of the process is $15,000-$20,000 per home.
4.F. FIRE AND EMERGENCY MEDICAL SERVICES UPDATE
Chief Senter provided the Board with an update related to the
Fire and Emergency Medical Services (EMS) Department. He
provided details of infrastructure improvements the Board has
invested in, including the Magnolia Green Fire and EMS
Station, which is anticipated to be completed in April 2020;
the Midlothian Fire and EMS Station, with a zoning amendment
being considered by the Board this evening; and the
replacement Matoaca Fire and EMS Station, with a conditional
use scheduled for Board consideration at the November 13th
meeting. He reviewed improvements in the number of additional
address points that will be covered by urban drive -time goals
as a result of the infrastructure improvements. He then
reviewed ongoing and emerging issues in retention,
recruitment and staffing. He stated the department reached an
all-time high of 8 percent total uniformed employee turnover
and 21 percent civilian turnover in FY2019. He stated
between 2020 and 2025, 61 uniformed employees will become
eligible for retirement, with 67 percent of those individuals
in leadership positions. He discussed recruitment challenges
and incentives provided as part of the recruiting process. He
stated the department is working with Human Resources and the
Budget office to address the recruiting issues.
In response to Mr. Elswick's question, Chief Senter stated
this is a widespread challenge for localities that do not
provide as much compensation as other localities.
In response to Ms. Jaeckle's questions, Chief Senter stated
some of the occupations uniformed employees are leaving for
include nursing school and family businesses. He further
stated the department lost five employees last year to the
City of Richmond and one employee returned to Hopewell Fire
and EMS.
In response to Mr. Elswick's question, Chief Senter stated he
would provide more specific detail to the Board regarding the
turnover rate.
Chief Senter stated the department has experienced a lot of
overtime, including mandatory overtime, as a result of the
recruitment and retention issues. He further stated staff
will be requesting the Board's support for a minimum staffing
plan. He provided details of the impact of a 1.3 staffing
factor on overtime utilization. He stated the department now
has 31 female firefighters, and five of these ladies are
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representing the department this week in the Firefighter
World Combat Challenge, the most physically demanding
competition in the fire service.
5. REPORTS
5.A. MONTHLY REPORT ON DISTRICT IMPROVEMENT FUNDS
The Board accepted the Monthly Report on District Improvement
Funds.
6. CLOSED SESSION 1) PURSUANT TO SECTION 2.2-3711(A)(8),
CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION
WITH THE COUNTY ATTORNEY REGARDING a) POSSIBLE OPIOID
LITIGATION REQUIRING THE PROVISION OF LEGAL ADVICE; b)
COHEN V. ARCENIA, ET AL.; AND c) SHOOSMITH BROTHERS,
INC. V. COUNTY OF CHESTERFIELD, VIRGINIA AND BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA; 2)
PURSUANT TO SECTION 2.2-3711(A)(5) TO DISCUSS OR
CONSIDER PROSPECTIVE BUSINESSES OR INDUSTRIES OR THE
EXPANSION OF EXISTING BUSINESSES OR INDUSTRIES WHERE NO
PREVIOUS ANNOUNCEMENT HAS BEEN MADE OF THE BUSINESSES'
OR INDUSTRIES' INTEREST IN LOCATING OR EXPANDING THEIR
FACILITIES IN THE COMMUNITY; AND 3) PURSUANT TO SECTION
2.2-3711(A)(3) FOR DISCUSSION OF THE DISPOSITION OF
PUBLICLY HELD REAL PROPERTY WHERE DISCUSSION IN AN OPEN
MEETING WOULD ADVERSELY AFFECT THE BARGAINING POSITION
OR NEGOTIATING STRATEGY OF THE COUNTY
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
went into closed session (1) pursuant to Section 2.2-
3711(A)(8), Code of Virginia, 1950, as amended, for
consultation with the County Attorney regarding a) possible
opioid litigation requiring the provision of legal advice; b)
Cohen v. Arcenia, et al.; and c) Shoosmith Brothers, Inc. v.
County of Chesterfield, Virginia and Board of Supervisors of
Chesterfield County, Virginia; 2) pursuant to Section 2.2-
3711(A)(5) to discuss or consider prospective businesses or
industries or the expansion of existing businesses or
industries where no previous announcement has been made of
the businesses' or industries' interest in locating or
expanding their facilities in the community; and (3) pursuant
to Section 2.2-3711(A)(3) for discussion of the disposition
of publicly held real property where discussion in an open
meeting would adversely affect the bargaining position or
negotiating strategy of the county.
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
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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.
7. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
8. DINNER
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
recessed for dinner at the Eanes-Pittman Public Safety
Training Center with members of Career Firefighter Recruit
School #1.
Reconvening:
9. INVOCATION
The Honorable Steve Elswick, Vice Chair, Board of
Supervisors, gave the invocation.
10. PLEDGE OF ALLEGIANCE
Captain Carl Adams, Chesterfield Fire and EMS, led the Pledge
of Allegiance to the Flag of the United States of America.
11. COUNTY ADMINISTRATION UPDATE
11.A. ELECTION PROCESS UPDATE
Ms. Constance Hargrove, Registrar, provided the Board with an
election process update. She stated curbside voting will be
available at polling places on election day. She further
stated an election officer recruitment effort was launched,
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resulting in an increase of 197 persons allocated to polling
places. She stated, as a result of the additional funding
provided by the Board of Supervisors, there will be 21
additional scanners and 62 additional poll books on election
day, with additional scanners and poll books in reserve and
General Services available to deliver the additional
equipment, if necessary. She further stated the Board of
Supervisors alleviated many of the parking and overcrowding
issues seen on election day last year, by splitting five
polling places and moving polling places to different
locations. She noted additional signs will be utilized at the
polling places to help with locating the entrances. She
stated notices and voting cards have been sent to all
registered voters to make sure they were aware of polling
place changes; however, thousands of envelopes were returned
to the Registrar's office. She further stated if individuals
now have post office boxes instead of receiving mail at their
home address, their voter cards have been returned because
voter cards cannot be forwarded to post office boxes.
In response to Mr. Holland's question, Ms. Hargrove stated
voters should be allowed to go inside polling places while
waiting in line if the weather is bad.
Mr. Holland stated one of the
has requested a bilingual poll
be accommodated.
Dale District polling places
worker, so hopefully that will
Ms. Hargrove stated the county is not required by law to
provide different languages in the polling places. She
further stated the county only has two bilingual polling
officers and she will try to find someone who can serve in
that capacity at the Dale District polling place.
In response to Mr. Holland's question, Ms. Hargrove stated a
picture ID is all that is required to vote, and voter cards
are not necessary.
In response to Mr. Winslow's question, Ms. Hargrove stated an
officer will be stationed at the end of the line at 7 p.m.
and no one who arrives after that time would be allowed to
vote.
11.B. OTHER COUNTY ADMINISTRATION UPDATES
• Ms. Jennifer Keegan, Executive Director of the Richmond
Area Muscular Dystrophy Association (MDA), expressed
appreciation for Chesterfield Fire and EMS's collections
in the "Fill the Boot" Campaign for MDA. She stated
more than $330,000 has been collected by Chesterfield
firefighters since 2013. She presented the chief's axe
to Chief Senter for Chesterfield Fire and EMS collecting
the most money in the region this year.
Chief Senter presented Ms. Keegan with a check in the
amount of $59,444, which was collected by firefighters
in this year's campaign.
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• Dr. Casey introduced and welcomed Dr. Jeffrey Driskill,
the county's new Emergency Management Coordinator.
• Dr. Casey provided an update on the current drought as
it relates to the county's water supplies. He stated
while the Richmond region and the state are still in
drought conditions, recent rainfalls have increased the
flow in the James River and provided some added water to
the Swift Creek Reservoir and Lake Chesdin. He noted
that a wetter weather pattern is predicted, which will
be very beneficial for both local reservoirs and the
state, and staff will keep the Board of Supervisors and
the public updated on any further drought developments.
• Dr. Casey stated Governor Northam announced in a press
release today, in conjunction with the county's Economic
Development office, that Cartograf, a leading provider
of packaging solutions, will invest $65.3 million and
create 63 new jobs in the Meadowville Technology Park.
He noted this is the first U.S. investment of this
company, based in Mexico City.
12. BOARD MEMBER REPORTS
Mr. Holland stated he attended SWAMFEST 2019 at Main Street
Station on October 9th, a professional development event for
small, women and minority-owned businesses. He expressed
appreciation to Ms. Lori Newton, Assistant Procurement
Director, for accompanying him to the event and encouraging
the represented businesses to participate in the county's e -
procurement platform, PING. He stated he also attended the
SOAR -365 ribbon cutting of the Reinhart Center at Camp Baker
yesterday.
Mr. Winslow stated last week the county broke ground on the
new Reams Elementary School. He further stated the students
of Reams Elementary are currently being housed at A.M. Davis
Elementary and expressed appreciation to principals Jodi
Seitz of Reams Elementary, and Kenya Batts of A.M. Davis
Elementary.
Ms. Haley thanked the local rotary clubs for hosting this
year's Midlothian Food Festival on October 12th. She stated
on October 19th, she participated in the Midlothian Parade,
along with the Midlothian Day Festival. She was excited to
announce that Midlothian has been named the 54th best place
to live in the U.S. for 2019 by Money Magazine, joining two
Northern Virginia localities as the only three Virginia
localities to earn this recognition.
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13. RESOLUTIONS
13.A. RECOGNIZING THE 50TH ANNIVERSARY OF CHESTERFIELD
COUNTY'S CAREER FIREFIGHTER RECRUIT SCHOOL #1
Chief Senter introduced members and families of Career
Firefighter Recruit School #1, who were present to receive
the resolution.
On motion of Mr. Winslow, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, on October 1, 1969, the Chesterfield Fire
Department graduated its first recruit school of Career
Firefighters, 41 years after the first volunteer fire station
was established in Chesterfield County; and
WHEREAS, Career Firefighter Recruit School One was the
product of discussions between the Board of Supervisors and
Fire Chief Robert L. Eanes dating back to Spring 1967; and
WHEREAS, Career Firefighter Recruit School One included
Doug Alexander, Edward Anderson, John Bucka, Joseph Carroll,
James Hajocas, Irving Hall, Richard Murry, David Palumbo,
Carl Riggin, Wayne Tunstall, and Benton Woodruff Jr.; and
WHEREAS, Career Firefighter Recruit School One
established the foundation for the organizational culture
that makes Chesterfield Fire and EMS the quality organization
that it is today; and
WHEREAS, upon graduating, all members of Career
Firefighter Recruit School One were assigned to Fire Station
4 in Bon Air to provide 24-hour service to the citizens of
Chesterfield County; and
WHEREAS, Edward Anderson, David Palumbo, Wayne Tunstall,
and Benton Woodruff Jr. served Chesterfield County until
their retirement from Chesterfield Fire and EMS; Irving Hall
served Chesterfield County until his retirement from the
Chesterfield Emergency Communications Center; John Bucka
served Chesterfield County until his retirement from the
Chesterfield Police Department; Richard Murry served
Chesterfield County until his retirement from the
Chesterfield Fleet Management Division, and Joseph Carroll
served the Commonwealth of Virginia until his retirement from
the Department of Forestry; and
WHEREAS, 50 years later and upon the graduation of
Career Firefighter Recruit School Number 58 in December 2019,
Chesterfield Fire and EMS will have grown to 462 career
members supported by 42 civilian personnel, 32 part time
positions and 239 operational volunteers distributed among
nine divisions, four battalions, 22 fire stations and eight
rescue squad stations, and responding to over 43,000
incidents annually in service to 349,000 citizens.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of October 2019,
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publicly recognizes the 50th anniversary of Career
Firefighter Recruit School One and extends on behalf of the
citizens of Chesterfield County, sincere appreciation to the
first career firefighters in the county for their years of
dedicated public service.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to each member of Career Firefighter
Recruit School One 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.
Board members presented executed resolutions to Career
Recruit School #1 members and family members of the
deceased members.
Mr. Elswick stated in 1969, Chesterfield County lost 23
square miles and 47,000 residents to the City of Richmond
as a result of annexation, which was 38 percent of the
county's population. He further stated during this time,
former Fire Chief Robert Eanes had convinced the Board of
Supervisors to hire 11 firefighters and was able to
convince them to still do so after this tremendous loss of
population and revenue. He stated these 11 firefighters
gave up careers and sacrificed to be the first career
firefighters in the county at a salary of $5,700 per year.
He further stated 929 firefighters have been hired since
the first 11 setting the stage for the organization. He
thanked all of the fire chiefs who succeeded him for the
great job they have done.
Chief Senter stated the first graduates went straight to
work and were not afforded a graduation and badge pinning
ceremony. He and members of the Fire and EMS Honor Guard
then presented commemorative 50th anniversary badges to
the surviving members of Recruit School 1 and to family
members of the deceased.
A standing ovation followed.
13.B. RECOGNIZING MR. PETE ADLER FOR OUTSTANDING COMMUNITY
SERVICE
Ms. Susan Pollard, Director of Communications and Media,
introduced Mr. Pete Adler, who was present to receive the
resolution.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Mr. Pete Adler is a resident of the Bermuda
District; and
WHEREAS, as a member of the Chester Rotary Club, Mr.
Adler learned in 2005 of the need for volunteers to build
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wheelchair ramps, and offered to lead the effort for the
club's building of its first ramp; and
WHEREAS, as a volunteer handyman for Tri -Cities
Workcamps, Mr. Adler introduced and coordinated a partnership
with Project: HOMES, and five ramps were completed by high
school age volunteers during TCW 2006, 11 ramps in 2007, and
ramps, porches and other projects have been completed through
the partnership every year since 2007; and
WHEREAS, Mr. Adler has led mission trip teams to
construct ramps in several states across the country; and
WHEREAS, Mr. Adler designed and supervised construction
of wheelchair ramps and porches, in partnership with others,
for the Greenleigh and Shady Hill community centers; and
WHEREAS, Mr. Adler designed and constructed a ramp
inside the Chesterfield Food Bank, enabling the organization
to pass Chesterfield Building Code requirements; and
WHEREAS, Mr. Adler organized the first "Three Ramps in a
Day" service project in 2018, and this model has already been
repeated three times; and
WHEREAS, Mr. Adler has constructed ramps for disabled
veterans and both children and adults with disabilities and
injuries; and
WHEREAS, known as "Pete the Ramp Guy," Mr. Adler has
completed over 180 wheelchair ramps in Chesterfield,
Dinwiddie, Prince George, Petersburg, Hopewell, Colonial
Heights and Richmond, as well as eight ramps in five other
states; and
WHEREAS, the residents of Chesterfield County and
surrounding localities have greatly benefited from Mr.
Adler's tireless efforts to ensure that many of their most
vulnerable residents are able to safely transfer in and out
of their homes; and
WHEREAS, Mr. Adler's example of dedicated community
service is an inspiration to others.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of October 2019,
publicly recognizes Mr. Pete Adler, commends him for his
selfless service to the betterment of people with special
needs, and extends to him sincerest appreciation, on behalf
of all Chesterfield County residents, for being a model
citizen that Chesterfield County is proud to call its own.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Adler, and that this
resolution be permanently recorded in the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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Ms. Jaeckle presented the executed resolution to Mr. Adler
and commended him on his outstanding service to the
community.
Mr. Adler expressed appreciation for the recognition.
13.C. RECOGNIZING MS. JEWELL AIKEN HUNTER, MENTAL HEALTH
SUPPORT SERVICES DEPARTMENT, UPON HER RETIREMENT
Mr. Kelly Fried introduced Ms. Jewell Aiken Hunter, who was
present to receive the resolution.
On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Ms. Jewell Aiken Hunter was hired by
Chesterfield County Mental Health Support Services on
September 26, 1994, as a Senior Administrative Officer,
subsequently holding the titles of Office Administrator 1 and
Administrative Manager before being promoted to Chief of
Administrative Services in 2008; and
WHEREAS, Ms. Hunter supervised all administrative
support personnel and provided oversight to word processing
staff who transcribed medical evaluations for psychiatrists
prior to the adoption of the electronic health record; and
WHEREAS, in the role of Chief of Administrative
Services, Ms. Hunter became responsible for facilities
management of the Rogers Building and five satellite
locations and worked collaboratively with Buildings and
Grounds, Security Management, Purchasing, Risk Management and
other county departments to address facilities concerns; and
WHEREAS, Ms. Hunter assisted the agency transition to
the electronic health records in 2010 which resulted in re-
engineering administrative processes, eliminating paper
records and implementing centralized scheduling; and
WHEREAS, Ms. Hunter coordinated the redesign of the
Rogers Building lobby to prepare the agency for' the
implementation of Same Day Access in 2015; and
WHEREAS, Ms. Hunter was a key member of the team
providing oversight of the Rogers Building HVAC replacement
which resulted in 485 staff moves involving seven different
locations over the period of one year; and
WHEREAS Ms. Hunter served as the MHSS United Way
Campaign Coordinator consistently meeting or exceeding the
department goal and was the MHSS Chesterfield Employee
Association representative being one of the CEA's top sales
people for fundraisers; and
WHEREAS, Ms. Hunter was a certified instructor for
Nonviolent Crisis Intervention and CPR/First Aid serving as a
lead instructor for the MHSS Department; and
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WHEREAS, Ms. Hunter contributed to the annual County
Black History Month celebrations having chaired various
committees and served on the Scholarship Committee, was a
member of the National Forum for Public Black Administrators
and was recognized by the Future Business Leaders of America
for outstanding service; and
WHEREAS, Ms. Hunter was a part of Communities in
Schools, mentoring students at Hopkins Elementary and Salem
Middle schools, participated in "Read Across America Day,"
provided job shadowing opportunities for Model County
Government Day and taught classes for Junior Achievement; and
WHEREAS, Ms. Hunter served in leadership roles on many
departmental committees including Risk Management, the
Diversity Advisory Inclusion Team, Customer Service, Employee
Recognition, Environmental Safety Group, Emergency Response
Team, Trauma Informed Care, Leader on Duty and Access
Redesign; and
WHEREAS, Ms. Hunter was a member of the First Choice
Toastmasters Club winning many awards and ribbons as "Best
Speaker" and served as President in 2018.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of October 2019,
publicly recognizes the outstanding contributions of Ms.
Jewell Aiken Hunter and extends appreciation, on behalf of
its members and the citizens of Chesterfield County, for 25
years of dedicated service, congratulations upon her
retirement, and best wishes for a long, happy and healthy
retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Hunter and be permanently
recorded among the papers of the Board of Supervisors of
Chesterfield County, Virginia.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Ms. Haley presented the executed resolution to Ms. Hunter,
accompanied by her husband, and thanked her for her
outstanding service.
Ms. Hunter thanked the Board of Supervisors for the
recognition.
Dr. Casey presented Ms. Hunter with an engraved brick and
county watch, expressed appreciation for her outstanding
service to the county and wished her well in her retirement.
A standing ovation followed.
13.D. RECOGNIZING MR. JAMES M. PERDUE, PARKS AND RECREATION
DEPARTMENT, UPON HIS RETIREMENT
Dr. James Worsley introduced Mr. James Perdue, who was
present to receive the resolution.
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On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mr. James M. Perdue will retire from the
Chesterfield County Parks and Recreation Department on
November 1, 2019, after providing 35 years of dedicated
service to the citizens of Chesterfield County; and
WHEREAS, Mr. Perdue began with the Parks and Recreation
Department in 1981 as a Seasonal Maintenance Worker and
became a Park Aide in October 1984 as a full-time employee
and was promoted thru the department to his current position
of Assistant Director of Parks and Recreation, Parks in
August 2014; and
WHEREAS, Mr. Perdue manages grounds maintenance
supporting 70 parks and athletic complexes, 66 schools, 9
libraries, 6 county facilities, supervises turf management,
athletic field preparation, landscaping of 140 elementary
school and park playgrounds, 42 trail miles and manages
emergency assistance during natural disasters and snow events
to quickly reopen county and school facilities; and
WHEREAS, Mr. Perdue was instrumental in the inception of
sports tourism at River City Sportsplex generating $33.8+
million in economic regional impact to the county, supports
51+ sports tourism events annually serving 192,000+ visits
and was recognized by Richmond Region Tourism in 2016 for
outstanding contribution to sports tourism in the region; and
WHEREAS, Mr. Perdue was instrumental in the development,
implementation and improvement to the Career Development
Program for the Principal Maintenance Worker position,
implemented mandatory cross -training, maintains a Certified
Playground Safety Inspector Certification (CPSI), was
Employee of the Year for the department in 2010 and as
Assistant Director faced the major challenge of potential
out -sourcing of school grounds maintenance, and secured
continued provision of high-quality grounds maintenance by
the Parks division; and
WHEREAS, Mr. Perdue has been a member of the Virginia
Recreation and Park Society (VRPS), National Recreation and
Park Association (NRPA), was instrumental in securing the
Department Commission for Accreditation of Park and
Recreation Agencies (CAPRA) and worked diligently with the
Parks and Recreation Advisory Commission (PRAC), Eppington,
Falling Creek, Mid -Lothian Mines and Henricus Foundations.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of October 2019,
publicly recognizes Mr. James M. Perdue, and extends on
behalf of its members and the citizens of Chesterfield
County, appreciation for his exceptional service to the
county.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Perdue and that this
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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. Perdue,
accompanied by members of his family, and expressed
appreciation for his outstanding service and leadership.
Dr. Casey presented Mr. Perdue with an engraved brick and
county watch, expressed appreciation for his outstanding
service to the county, as well as the region, and wished him
well in his retirement.
Mr. Perdue thanked his family for their support and the Board
of Supervisors for the recognition and stated it has been an
honor and a privilege to serve in the Department of Parks and
Recreation.
A standing ovation followed.
13.E. RECOGNIZING MR. RICHARD C. WITT, DIRECTOR OF BUILDING
INSPECTION, UPON HIS RETIREMENT
Mr. Jesse Smith introduced Mr. Richard Witt, who was present
to receive the resolution.
On motion of Ms. Haley, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Mr. Richard C. Witt will retire from
Chesterfield County on November 1, 2019, after providing over
34 years of dedicated service to the residents of
Chesterfield County; and
WHEREAS, Mr. Witt was hired by Chesterfield County in
January 1985 as a mechanical/plumbing engineer in the
Department of Building Inspection; and
WHEREAS, Mr. Witt served Chesterfield County's
Department of Building Inspection for 34 years and was
promoted to the following positions: chief of plan review,
chief of code compliance, assistant director, interim
director and in 2010 was made director of Building
Inspection; and
WHEREAS, under Mr. Witt's leadership, the department's
performance, customer service, and employee career
development programs served as a model for building
departments across the state and nation; and
WHEREAS, he championed the training and education of
department staff to always know why a code provision exists
and its purpose; and
WHEREAS, Mr. Witt chaired the development of
Chesterfield County's nationally recognized "Fast Track"
permitting and site plan process, and he served as a member
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of the Customer Service 2000 Committee which developed the
concept and led to the provision of customer service centers;
and
WHEREAS, Mr. Witt's leadership in his field was
recognized by multiple governors of Virginia who appointed
him to the Virginia Board of Housing and Community
Development and the Virginia Board of Building Code Appeals;
and
WHEREAS, Mr. Witt was recognized by his peers who
elected him as president of the Virginia Building Code
Officials Association in 1998, further honoring him with the
2018 Award for Excellence; and
WHEREAS, Mr. Witt was recognized by the Virginia
Plumbing and Mechanical Inspectors Association in 2008 with
the Gordon I. Dameron Award, in 2013 with the D. Paul Jack
Award and in 2017 with the Pack A. Proctor Award; and
WHEREAS, the International Code Council recognized Mr.
Witt by appointing him as chairman of the ICC Certification
Committee and vice chairman of the ICC Code and Standards
Committee, as well as ICC Code Official of the Year in 2016;
and
WHEREAS, Mr. Witt's overall contributions to his
profession improved the provisions of the Virginia Uniform
Statewide Building Code, especially with respect to shrink
swell soils and apartment building fire protection; and
WHEREAS, Mr. Witt's professionalism throughout his
career improved the nation's codes and standards for safe and
secure buildings, influencing the Virginia Uniform Statewide
Building Codes, the standards for and certification of
Building and Fire Inspection personnel benefiting the
citizens of our nation, the State of Virginia and
Chesterfield County residents and citizens alike.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of October 2019,
publicly recognizes the outstanding contributions of Mr.
Richard C. Witt and extends appreciation, on behalf of its
members and the employees and citizens of Chesterfield
County, for 34 years of dedicated service to the county,
congratulations upon his retirement, and best wishes in his
next season of life.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Witt, 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.
Mr. Elswick presented the executed resolution to Mr. Witt,
accompanied by members of his family, and thanked him for his
outstanding service and responsiveness to the citizens of
Chesterfield County.
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Mr. Witt thanked his family for their support and the staff
of the Building Inspection Department for the outstanding
service they provide.
Dr. Casey presented Mr. Witt with an engraved brick and
county watch, expressed appreciation for his outstanding
service to the county and wished him well in his retirement.
A standing ovation followed.
14. NEW BUSINESS
14.A. APPOINTMENTS
14.A.1. YOUTH CITIZEN BOARD
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
nominated/ appointed Mr. Ethan Frazier, representing the Dale
District, to serve on the Youth Citizen Board, whose term is
effective October 24, 2019, and expires June 30, 2020.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.A.2. APPOMATTOX RIVER WATER AUTHORITY
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
nominated/ appointed Mr. Scott Morris, Assistant Director of
Utilities, to serve as an alternate member on the Appomattox
River Water Authority Board, whose term is effective
immediately and expires on November 20, 2021. (It is noted
Mr. Morris will fill an unexpired term due to the retirement
of Mr. Bill Dupler.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.A.3. SOUTH CENTRAL WASTEWATER AUTHORITY
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
nominated/ appointed Mr. Scott Morris, Assistant Director of
Utilities, to serve as an alternate member on the South
Central Wastewater Authority Board, whose term is effective
immediately and expires on November 20, 2021. (It is noted
Mr. Morris will fill an unexpired term due to the retirement
of Mr. Bill Dupler.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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14.A.4. EMERGENCY MANAGEMENT COORDINATOR
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
consented to the appointment of Dr. Jeffrey Driskill as
Coordinator of Emergency Management, effective November 4,
2019.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B. CONSENT ITEMS
14.B.1. REAL PROPERTY REQUESTS
14.B.1.a. ACCEPTANCE OF PARCELS OF LAND
14.B.l.a.l. ALONG EAST HUNDRED ROAD FROM 572 HOSPITALITY,
LLC
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
accepted the conveyance of two parcels of land containing a
total of 0.170 acres along East Hundred Road from 572
Hospitality, LLC and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.1.a.2. ALONG RAMBLEWOOD DRIVE FROM BARNEY MCLAUGHLIN
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
accepted the conveyance of a parcel of land containing 0.279
acres along Ramblewood Drive from Barney McLaughlin and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.1.b. CONVEYANCE OF EASEMENTS TO VIRGINIA ELECTRIC AND
POWER COMPANY
14.B.l.b.l. FOR SERVICE TO FIRE AND EMS STATION 25
On motion of Mr. Elswick, 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 Fire and EMS Station 25.
(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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14.B.1.b.2. FOR SERVICE TO THE PROCTORS CREEK WASTEWATER
TREATMENT PLANT
On motion of Mr. Elswick, 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 Proctors Creek Wastewater Treatment Plant
at 1200 Coxendale 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.1.b.3. FOR SERVICE TO THE NEW EMERGENCY COMMUNICATIONS
TOWER ON COGBILL ROAD
On motion of Mr. Elswick, 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 30 -foot underground easement
for service to the new emergency communications tower at 6700
Cogbill 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.1.c. REQUESTS TO QUITCLAIM
14.B.1.c.1. A PORTION OF A VARIABLE WIDTH SEWER EASEMENT
ACROSS THE PROPERTY OF JUBILEE HOLDINGS, LLC
On motion of Mr. Elswick, 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 sewer easement across the
property of Jubilee Holdings, 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.1.c.2. A PORTION OF A TWENTY -FOOT SWM/BMP ACCESS
EASEMENT ACROSS THE PROPERTY OF THACKER-GENITO,
LLC
On motion of Mr. Elswick, 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 20 -foot SWM/BMP access easement across the
property of Thacker-Genito, 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.
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14.B.2. ADOPTION OF RESOLUTIONS
14.B.2.a. RECOGNIZING THE LATE MR. BRYAN H. WALKER FOR HIS
DEDICATED SERVICE TO CHESTERFIELD COUNTY AND THE
FALLING CREEK IRONWORKS FOUNDATION
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Mr. Bryan H. Walker was born November 28, 1931,
in Richmond, Virginia and his father, Harold, worked in
Chesterfield County's Treasurer's Office and as the
Commissioner of Revenue for 60 years; and
WHEREAS, Mr. Walker's father taught about service to the
community and the importance of the county's historic roots;
and
WHEREAS, Mr. Walker became a pillar of the Bensley
community, dedicated to his church and a champion in
preserving local history; and
WHEREAS, Mr. Walker was a founding member of the
county's Preservation Committee, which he served on for 30
years; and
WHEREAS, Mr. Walker was instrumental in advocating for
the county to purchase the property that is the current site
of Falling Creek Ironworks Park; and
WHEREAS, Mr. Walker also volunteered with the
Chesterfield Historical Society of Virginia, the Parks and
Recreation Advisory Committee, the Friends of Chesterfield's
Riverfront and the Jefferson Davis Association; and
WHEREAS, Mr. Walker was one of the founding members of
the Bensley Civic Association and the Falling Creek Ironworks
Foundation; and
WHEREAS, in 2017, Mr. Walker was recognized by the
Chesterfield County Board of Supervisors for his significant
contributions to the preservation of the historic fabric of
Chesterfield County; and
WHEREAS, in memory of his life of service and dedication
to preservation of history, the 400th anniversary celebration
of Falling Creek Ironworks was dedicated to the memory of
Bryan H. Walker, with gratitude for all his efforts on behalf
of the Falling Creek Ironworks Foundation; and
WHEREAS, a new monument will be placed in his honor on
the overlook of Falling Creek to commemorate his
contributions to all who visit Falling Creek Ironworks Park.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors publicly recognizes the late Mr.
Bryan H. Walker and commends him for his dedication and
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outstanding service to Chesterfield County and the Falling
Creek Ironworks Foundation.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to the family of Mr. Walker 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.
14.B.2.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
14.B.2.b.1. MRS. DEBORAH B. MABE, POLICE DEPARTMENT
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Mrs. Deborah B. Mabe will retire from the
Chesterfield County Police Department on November 1, 2019,
after providing over 31 years of outstanding quality service
to the residents of Chesterfield County; and
WHEREAS, Mrs. Mabe began her career in 1988 in the
Chesterfield Circuit Court as a Deputy Clerk, and in 1990,
continued her service in the Police Department where she has
held the positions of Sr. Clerk Typist/Receptionist,
Secretary, Administrative Secretary and Administrative
Assistant; and
WHEREAS, Mrs. Mabe was honored in 1996 with the Mason T.
Chalkley Award for Outstanding Civilian Employee of the Year,
which recognized her outstanding working relationships with
internal and external customers, her can -do attitude and
professional demeanor; and
WHEREAS, Mrs. Mabe was recognized by her supervisors for
her major contribution in the form of a time -critical
communication that facilitated the capture of an armed and
dangerous fugitive who was on the 1110 Most -Wanted" lists of
Richmond, Henrico and Chesterfield; and
WHEREAS, Mrs. Mabe was an iconic figure in the
Investigations Bureau who was well known throughout the
county as the individual who provided a professional,
accommodating, customer -service friendly attitude with
internal and external customers; and
WHEREAS, Mrs. Mabe was cited as being an essential
element to Investigations, team -building through her support
and organization of numerous events during her career, and
her efforts were especially important during a renovation
period which necessitated the bureau being housed in three
different locations for an extended period; and
WHEREAS, Mrs. Mabe has provided the Chesterfield County
Police Department with many years of loyal and dedicated
service; and
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WHEREAS, Chesterfield County and the Board of
Supervisors will miss Mrs. Mabe's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mrs. Deborah B. Mabe
and extends on behalf of its members and the residents of
Chesterfield County, appreciation for her service to the
county, congratulations upon her retirement, and best wishes
for a long and happy retirement.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.2.b.2. MR. RICHARD GOODE, OFFICE OF THE COMMISSIONER OF
THE REVENUE
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Mr. Richard Goode retired from the Office of
the Commissioner of the Revenue on October 1, 2019; and
WHEREAS, Mr. Goode began his public service with the
county as a Tax Assessment Specialist in the Office of the
Commissioner of the Revenue on April 1, 2002; and
WHEREAS, through his strong work ethic, knowledge, and
dedication, Mr. Goode was successful in his career,
demonstrating his commitment to improvement in part by taking
all relevant career development courses; participating in the
University of Virginia, Weldon Cooper Center's Public Service
Program; working toward his Master Deputy Commissioner
certification; and he was a member of both the Virginia
Association of Local Tax Auditors and the Commissioner of the
Revenue Association; and
WHEREAS, Mr. Goode had exemplary customer service skills
and was very effective working with the county's senior
citizens regarding real estate tax relief issues; and
WHEREAS, Mr. Goode has been a dedicated and faithful
employee of Chesterfield County's Commissioner of the Revenue
for 17 years, and he commuted over 100 miles each day from
his home in the Northern Neck of Virginia; and
WHEREAS, Mr. Goode opened his home to his co-workers
when training requiring an overnight stay was scheduled in
that area of the state, and he will be missed by his co-
workers for his generosity, sense of humor, honesty,
integrity and caring attitude; and
WHEREAS, Mr. Goode was always helpful and displayed an
understanding attitude toward his customers, often going out
of his way to explain tax issues, help those in. need, and
remain calm as he assisted customers when they were upset;
and
WHEREAS, Mr. Goode will be fondly remembered for his
pleasant personality, light-hearted attitude and caring ways;
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may God bless him with many more years filled with enriching
the lives of others; and
WHEREAS, more than anything else, Mr. Goode has been a
loyal friend to many, a dedicated servant with a generous
spirit, strong values, enduring commitment and will be sorely
missed at the county.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Mr. Richard Goode to the citizens and administration of
Chesterfield County; and extends appreciation for his
commitment to the county, congratulations upon his
retirement, and best wishes for a long and happy retirement.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.3. APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED
WITH THE REDWATER RIDGE ROAD STORM SEWER REPAIR
PROJECT
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
took the following actions for the Redwater Ridge Road Storm
Sewer Repair Project: 1) appropriated $275,000 from the
General Road Improvement Account; 2) authorized the County
Administrator to enter into the customary permits/mitigation
agreements and surety agreements, acceptable to the County
Attorney; 3) authorized the County Administrator to proceed
with the design document preparation; and 4) authorized the
Director of Procurement to proceed with an advertisement of a
construction contract for the project and award up to a
$250,000 construction contract to the lowest responsive and
responsible bidder and to execute all necessary change
orders, up to the full amount budgeted for the project.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.4. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING
SECTION 9-64 OF THE COUNTY CODE RELATING TO
TECHNOLOGY ZONES
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
set the date of November 13, 2019, as a public hearing for
the Board to consider amending Section 9-64 of the County
Code relating to technology zones.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.5. ACCEPTANCE OF STATE ROADS
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
adopted the following resolution:
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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: Forest Ridge
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: 533.2-705, 33.2-334
Street Name and/or Route Number
• Sun Valley Way, State Route Number 8117
From: Sun Ridge Lane, (Route 8115)
To: The cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Plat Book 247, Page 78
Right of Way width (feet) = 50
• Sun Valley Way, State Route Number 8117
From: Sun Ridge Lane, (Route8115)
To: Marblethorpe Road, (Route 4771), a distance of: 0.06
miles.
Recordation Reference: Plat Book 247, Page 78
Right of Way width (feet) = 50
• Sun Valley Way, State Route Number 8117
From: Marblethorpe Road, (Route 4771)
To: The cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Plat Book 247, Page 78
Right of Way width (feet) = 50
• Sun Ridge Lane, State Route Number
From: Vickilee Road, (Route 1454)
To: Sun Valley Way, (Route 8117), a
Recordation Reference: Plat Book 247
Right of Way width (feet) = 50
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distance of: 0.09 miles.
, Page 78
10/23/19
• Marblethorpe Road, State Route Number 4771
From: Sun Valley Way, (Route 8117)
To: Existing Marblethorpe Road, (Route 4771), a distance of:
0.03 miles.
Recordation Reference: Plat Book 247, Page 78
Right of Way width (feet) = 50
• Vickilee Road, State Route Number 1454
From: Sun Ridge Lane, (Route 18115)
To: Sun Glen Court, (Route 18116), a distance of: 0.13
miles.
Recordation Reference: Plat Book 247, Page 78
Right of Way width (feet) = 50
• Vickilee Road, State Route Number 1454
From: Sun Glen Court, (Route 18116)
To: The cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: Plat Book 247, Page 78
Right of Way width (feet) = 50
• Sun Glen Court, State Route Number 8116
From: Vickilee Road, (Route 1454)
To: The cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Plat Book 247, Page 78
Right of Way width (feet) = 50
• Vickilee Road, State Route Number 1454
From: Ronaldton Road, (Route 1457)
To: 0.07 miles north of Ronaldton Road, (Route 1457), a
distance of: 0.07 miles.
Recordation Reference: Plat Book 11, Page 57
Right of Way width (feet) = 50
• Vickilee Road, State Route Number 1454
From: 0.07 miles north of Ronaldton Road, (Route 1457)
To: Sun Ridge Lane, (Route 18115), a distance of: 0.04
miles.
Recordation Reference: Plat Book 247, Page 78
Right of Way width (feet) = 50
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department's Subdivision Street Requirements.
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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: Watermark Townhomes Section 1
Type Change to the Secondary System miles of State Highways:
aAfg4 t4 r%r
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334
Street Name and/or Route Number
• Hawser Lane, State Route Number 8081
From: Gibe Lane, (Route 8080)
To: The end -of -maintenance, a distance of: 0.01 miles.
Recordation Reference: Plat Book 229, Page 41
Right of Way width (feet) = 48
• Hawser Lane, State Route Number 8081
From: Gibe Lane, (Route 8080)
To: The end -of -maintenance, a distance of: 0.01 miles.
Recordation Reference: Plat Book 229, Page 41
Right of Way width (feet) = 48
• Gibe Lane, State Route Number 8080
From: Crosswinds Boulevard, (Route 7594)
To: Hawser Lane, (Route 8081), a distance of: 0.08 miles.
Recordation Reference: Plat Book 229, Page 41
Right of Way width (feet) = 48
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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Project/Subdivision: The Landing at Swift Creek Section 2
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
e High Falls Court, State Route Number 8113
From: High Falls Drive, (Route 8111)
To: The cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Plat Book 228, Page 74
Right of Way width (feet) = 40
e High Falls Drive, State Route Number 8111
From: High Falls Court, (Route 8113)
To: The cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Plat Book 228, Page 74
Right of Way width (feet) = 40
e High Falls Drive, State Route Number 8111
From: Hidden Falls Drive, (Route 7965)
To: High Falls Court, (Route 8113), a distance of:
miles.
Recordation Reference: Plat Book 228, Page 74
Right of Way width (feet) = 40
e Hidden Falls Drive, State Route Number 7965
From: Sandy Shoals Terrace, (Route 8112)
To: The cul-de-sac, a distance of: 0.09 miles.
Recordation Reference: Plat Book 228, Page 74
Right of Way width (feet) = 56
e Hidden Falls Drive, State Route Number 7965
From: 0.03 miles northwest of Hidden Falls Court,
7966)
To: 0.13 miles northwest of Hidden Falls Court,
7966), a distance of: 0.10 miles.
Recordation Reference: Plat Book 228, Page 74
Right of Way width (feet) = 56
0.11
(Route
(Route
e Hidden Falls Drive, State Route Number 7965
From: High Falls Drive, (Route 8111)
To: Sandy Shoals Terrace, (Route 8112), a distance of: 0.08
miles.
Recordation Reference: Plat Book 228, Page 74
Right of Way width (feet) = 56
e Hidden Falls Drive, State Route Number 7965
From: 0.13 miles northwest of Hidden Falls Court, (Route
7966)
To: High Falls Drive, (Route 8112), a distance of: 0.04
miles.
Recordation Reference: Plat Book 228, Page 74
Right of Way width (feet) = 56
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Sandy Shoals Terrace, State Route Number 8112
From: Hidden Falls Drive, (Route 7965)
To: The cul-de-sac, a distance of: 0.11 miles.
Recordation Reference: Plat Book 228, Page 74
Right of Way width (feet) = 40
And, further, the Board adopted the following resolution:
WHEREAS, the street described below is shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: The Landing at Swift Creek Section 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
• Hidden Falls Place, State Route Number 8114
From: Hidden Falls Drive, (Route 8111)
To: The cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Plat Book 234, Page 14
Right of Way width (feet) = 47
And, further, the Board adopted the following resolution:
WHEREAS, the street described below is shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
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NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: St. Ives Section 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
• St Ives Drive, State Route Number 8016
From: 0.03 miles northwest of Eastborne Way, (Route 8018)
To: The cul-de-sac, a distance of: 0.18 miles.
Recordation Reference: Plat Book 251, Page 32
Right of Way width (feet) = 40
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.6. APPROVAL OF ROAD NAME CHANGE
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
approved renaming the private road, Priority Way, to Loyalty
Way.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.7. ACCEPTANCE OF THE LEAD-BASED PAINT HAZARD REDUCTION
GRANT PROGRAM FUNDING AND THE HEALTHY HOMES
SUPPLEMENTAL FUNDING AWARDS
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
accepted and appropriated the U.S. Department of Housing and
Urban Development (HUD) award of $1,355,285 in Lead -Based
Paint Hazard Reduction grant program funding and $225,000 in
Healthy Homes Supplemental funding.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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14.B.8. AUTHORIZE THE RECEIPT AND APPROPRIATION OF FUNDING
FROM THE DEPARTMENT OF BEHAVIORAL HEALTH AND
DEVELOPMENTAL SERVICES
14.B.8.a. NEEDS -BASED OUTPATIENT FUNDING
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
authorized the Chesterfield Community Services Board to
receive and appropriate $89,035 in the Mental Health budget
additional funding from the Department of Behavioral Health
and Developmental Services to support the development of
outpatient services for adults and children, including mental
health and substance use services in Chesterfield County.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.8.b. MEDICAID ASSISTED TREATMENT BASE FUNDING
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
authorized the Chesterfield Community Services Board to
receive and appropriate $115,000 in the Mental Health budget
additional funding from the Department of Behavioral Health
and Developmental Services to expand access to Medication
Assisted Treatment for Opioid Use Disorder in Chesterfield
County.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
14.B.9. ACCEPTANCE OF FY2020 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT AWARD FOR COMMUNITY CORRECTIONS TO
IMPROVE BUILDING SECURITY
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
authorized the County Administrator to accept and appropriate
funds for the federal FY2020 Edward Byrne Memorial Justice
Assistance Grant (JAG) award, up to $57,568, for Community
Corrections to improve staff safety through enhanced building
security.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
15. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. R.J. Harman addressed the Board relative to the American
Society of Heating, Refrigerating and Air -Conditioning
Engineers (ASHRAE) building standards. He provided details
of ASHRAE Standard 188, Legionellosis: Risk Management for
Building Water Systems and requested that the board consider
incorporating it into the county's building requirements.
Ms. Judy Stoneman addressed the Board relative to the
county's tax relief for the elderly program.
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Mr. Mike Uzel addressed the Board relative to responsible
development and requested that the Board put the citizens
first when considering rezoning requests.
Mr. Phil Lohr addressed the Board relative to school and road
needs in the county. He stated impact fees are developer
taxes available under state law to help generate funds for
this infrastructure and inquired why the county has not
imposed and collected impact fees to defray the cost of
infrastructure.
Mr. Rodney Martin addressed the Board relative to the process
for vetting Planning Commissioners and the lack of HVAC
maintenance technicians for school cooling towers.
16. DEFERRED ITEMS
16.A. ZONING REQUEST 19SN0580, EMERSON COMPANIES, INC., DALE
DISTRICT (CYPRESS GLEN PROJECT)
In Dale Magisterial District, Emerson Companies, LLC (project
commonly known as Cypress Glen) requests amendment of zoning
approval (Cases 04SN0306 and 14SN0560) relative to cash
proffers and amendment of zoning district map on 79 acres in
a Residential (R-88) District fronting 118 feet on the
northwest line of Nash Road 1,580 feet east of Eastfair
Drive. Residential use of up to 0.5 unit per acre is
permitted in the Residential (R-88) District. The
Comprehensive Plan suggests the property is appropriate for
Residential Agricultural use. Tax IDs 762-655-7397; 763-655-
5414, and 7635.
Ms. Darla Orr stated the applicant has spoken with Mr.
Holland and is seeking a deferral to the November 13, 2019
meeting. She further stated the applicant is not present but
has provided written consent to the deferral.
Mr. Holland expressed appreciation to members of the Woodland
Pond Homeowners Association for meeting with him and also to
the applicant for agreeing to the deferral.
Mr. Holland then made a motion, seconded by Mr. Winslow, for
the Board to defer Case 19SN0580 until November 13, 2019.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
16.B. ZONING REQUEST 19SN0613, ANDREW M. CONDLIN, BERMUDA
DISTRICT (CARVANA PROJECT)
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
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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 802-643-9234; 803-641-5123; 803-642-5764; 803-643-8765
and 803-644-2879.
Ms. Jane Peterson presented an overview of Case 19SN0613,
which the Board deferred from its September 25, 2019 meeting
to afford citizens an opportunity to review recent proffer
amendments and to assess the impacts of the proposal compared
to the existing zoning. She stated since the deferral, staff
conducted a field visit with representatives of the
neighboring homeowners' associations of Walthall Creek and
Southcreek to review the existing and the proposed buffers
along Woods Edge Road, the location of proposed improvements,
and the existing and anticipated noise levels. She provided
visuals of the location of the 100 -foot buffer from the
ultimate right of way of Woods Edge Road; the proposed
location of truck parking; and the distance from the proposed
building frontage to Woods Edge Road. She provided details of
Proffered Condition 18, which addresses the mitigation of
noise generated by the development. She noted that Proffered
Condition 19 requires that overhead doors located on the
eastern side of the building facing Woods Edge Road remain
closed unless accepting or releasing vehicles, and Proffered
Condition 16 requires that trucks and other vehicles parked
on the property be shut off between 11 p.m. and 5 a.m. She
provided a visual of the interior of the car inspection
building. She stated during the field visit the residents
relayed concerns about existing truck traffic and road
conditions and the potential for mitigation through future
public projects along Woods Edge Road. She further stated in
July, the Board adopted a resolution requesting that. VDOT
restrict through truck traffic from using Woods Edge Road
between Ruffin Mill Road and Lawing Drive, and this evening
the Board will consider an expansion of this restricted
route. She provided details of transportation improvements
provided with the project. She stated the Planning Commission
and staff both recommend approval subject to two conditions
and acceptance of 19 proffered conditions, noting that the
request complies with the Comprehensive Plan relative to land
uses, transition and parcel aggregation; it further limits
permitted industrial uses to certain industrial light uses,
plus the automobile storage lot with accessory vehicle
maintenance; and the development's traffic impact would be
addressed through the provision of road improvements.
Mr. Andy Condlin, representing the applicant, accepted the
recommendation.
Ms. Jaeckle stated she has reviewed the concerns raised by
the residents and she feels like the proffered conditions
address all of the concerns, including site access locations
in relation to school turning movements; impacts of truck
traffic and employee shift changes on Woods Edge Road;
limiting I-1 uses and truck idling hours; increased buffers;
and through truck traffic restriction on Woods Edge Road.
She stated Carvana would not be responsible for providing
pedestrian enhancements along Woods Edge Road because this is
not their property; however, staff would be willing to work
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with the neighborhood to add pedestrian improvements along
Woods Edge Road in the county's Capital Improvement Plan.
She further stated the county has the challenge of balancing
out residential, commercial and industrial development to
have a reasonable tax base to pay for the needs of the
residents.
Ms. Jaeckle then made a motion for the Board to approve Case
19SN0613, subject to the conditions and acceptance of the
proffered conditions, with the addition of not exceeding 65
decibels of noise, and other conditions recommended by the
Planning Commission.
Mr. Elswick seconded Ms. Jaeckle's motion.
In response to Mr. Holland's question regarding noise study
levels being provided to the Walthall Creek and Southcreek
homeowners' associations, Mr. Jesse Smith stated a noise
study was conducted and generally the noise levels are
relatively low with Woods Edge Road being the dominant source
of noise. He further stated copies of the study were
provided to the associations.
Ms. Jaeckle stated the proffered conditions require that the
results of follow-up noise studies also be provided to the
associations.
Mr. Holland stated the county needs to be better at improving
roads as developments occur.
In response to Mr. Winslow's question, Ms. Jaeckle stated
future revenue from the project is being used for road
improvements.
Mr. Winslow expressed appreciation to staff for putting
together the field trip and stated this was extremely helpful
for him. He stated once he got to the front edge of the
where the building will be located, you did not hear Woods
Edge Road, but you did hear I-95. He further stated that
made it clearer for him on the type of impact likely to occur
with the case moving forward.
Mr. Elswick asked for clarification regarding the taxes paid
by Carvana being used for road improvements needed as
identified by Transportation.
Mr. Mincks stated that is an imposed condition, and there is
language in the case that if any additional conditions are
imposed, the applicant needs to be comfortable with them.
Mr. Condlin stated the applicant is fine with the condition.
Ms. Jaeckle stated the interior illustration of Carvana
showed her that it was not an open garage and would not have
the impacts that an open garage would have.
Ms. Jaeckle then read the following substitute motion, for
the Board to approve Case 19SN0613, subject to the conditions
and acceptance of the proffered conditions, and further, to
approve the following: a) that real estate tax revenue
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generated by the project be identified annually by staff and
applied to transportation improvements within the traffic
shed in which the project is located, or any traffic shed
which would provide relief to that shed, including turn lane
improvements to Woods Edge Road at Walthall Creek Drive and
Southcreek Drive; sidewalk; and noise mitigation measures if
the average, 24-hour noise level measured at the property
line exceeds 65 decibels; b) that this application of tax
revenue be reflected in future appropriation resolutions; and
c) that this application of project revenue not be changed
unless it is changed by a public vote of the Board of
Supervisors after holding a public hearing.
Mr. Elswick seconded the substitute motion.
Ms. Haley called for a vote on the motion of Ms. Jaeckle,
seconded by Mr. Elswick, for the Board of approve Case
19SN0613 subject to the following conditions:
1. The Textual Statement dated July 11, 2019, shall be
considered the Master Plan. (P)
2. Noise Abatement. At the time of site plan review,
cross-sections of the site from I-95 to Woods Edge
Road shall be provided to determine if noise can be
reduced to the residential uses along Woods Edge
Road by constructing earthen berms parallel to I-
95. Should such cross-sections show that berms
will significantly attenuate the traffic noise,
staff and the developer will consult to determine
that sufficient surplus usable soil is available on
the property within the project area and based on
the location of the building as shown on the
Concept Plan to install these berms. If staff
determines that this approach is feasible,
Proffered Condition 2.b. to maintain the 40 -foot
tree buffer next to I-95 shall be replaced with a
requirement to construct the berms subject to
avoiding environmental features. The berms shall
be planted with pine or cedar seedlings to reforest
the berm. (P)
And, further, the Board accepted the following proffered
conditions:
The Owner -Applicant in this rezoning Case with a Zoning Case
Number of 19SN0613, 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 the following; however, in the event the
request is denied or approved with conditions not agreed to
by the Owner -Applicant, these proffers shall be immediately
null and void and of no further force or effect:
1. Concept Plan. Development of the Property as an
automobile storage lot shall generally conform to
the Concept Plan dated July 10, 2019, and prepared
by Timmons Group (Exhibit A), with respect to the
location of buildings, parking and drive areas, and
buffers. Adjustments to the Concept Plan may be
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approved at the time of site plan review, provided
such adjustments substantially retain the
relationship between different uses to each other
and to rights of way, and maintain buffer
provisions. (P)
2. Buffers and Fencing. The following buffers and
fences shall be required on the Property regardless
of the use thereon:
a. A variable width buffer, as shown on the
Concept Plan as "100' BUFFER", "175' to limits
of disturbance" and 11300' TO LIMITS OF
DISTURBANCE", but in no case less than 100
feet in width, shall be maintained adjacent to
the ultimate right of way of Woods Edge Road.
Such buffer shall comply with the requirements
of the Ordinance for 100 -foot buffers,
provided that a minimum of fifty (50) percent
of the required small deciduous trees shall be
evergreens. To the greatest extent practical,
existing vegetation within the buffer limits
shall be maintained. Site access shall be
permitted generally perpendicular through the
buffer.
b. A 40 -foot wide buffer shall be provided along
I-95 as generally shown on the Concept Plan.
Such buffer shall comply with the requirements
of the Ordinance for buffers less than 50 -
feet.
C. A variable width buffer, a minimum of 30 -foot
wide, shall be provided along the boundary
line between the Property and that certain
property to the north and designated on the
Concept Plan (the "Northern Adjoining
Property") as "LAVERNE C. COLE ET.AL.
TRUSTEES, 13502 WOODS EDGE ROAD, GPIN 803-645-
6022-0000, DB 11740, PG 743, ZONED A" (the
"Northern Buffer") . Such buffer shall comply
with the requirements of the Ordinance for
buffers under fifty (50) feet provided that a
minimum of fifty (50) percent of the required
small deciduous trees shall be evergreens. To
the greatest extent practical, existing
vegetation within the buffer limits shall be
maintained. The Northern Buffer will not be
required to the extent any portion of the
Northern Adjoining Property is zoned for
commercial or industrial uses.
d. Fencing. A fence of a minimum of eight (8)
feet in height shall be provided along the
rear of the variable width buffer required
along Woods Edge Road and the Northern Buffer
as generally shown on the Concept Plan. If
such fence is a chain link fence, a privacy
screen (mesh tarp or windscreen) shall be
provided as part of such a fence as may be
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c.
approved at the time of site plan review.
Such privacy screen shall be located on the
Woods Edge Road side of the fence and shall be
earth tone in color, such as dark black, green
or brown. Any portion of such fence with the
privacy screen shall also be powder coated an
earth tone color, such as dark black, green or
brown. Such fence and privacy screen shall be
maintained in good visual condition. (P)
3. Uses
a. During such time as an automobile storage lot
with accessory vehicle maintenance is the
principal use on the Property, no other use
may be located on the Property.
b. The following uses otherwise permitted in the
I-1 District shall be prohibited on the
Property:
i. Apparel manufacturing
ii. Athletic Fields
iii. Broom and Brush manufacturing
iv. Button manufacturing
V. Cane manufacturing
vi. Clock manufacturing
vii. Coatings
viii. Fur dressing and dyeing
ix. Lamp shade manufacturing
X. Jewelry manufacturing
xi. Leather products manufacturing
xii. Mattress manufacturing
xiii. Paper conversion and recycling
xiv. Silverware manufacturing (P)
4. Public Water and Wastewater. Public water and
wastewater system shall be used. (U)
5. Dedication. Prior to any site plan approval on the
Property, forty-five (45) feet of right-of-way on
the west side of Woods Edge Road, measured from the
centerline of that part of Woods Edge Road
immediately adjacent to the Property, shall be
dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. (T)
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6. Access. Direct vehicular access from the Property
to Woods Edge Road shall be limited to two (2)
entrances/exits as generally shown on the Concept
Plan, together with such emergency access points as
may be approved by the County. The southernmost
access to Woods Edge Road, if not the North/South
Road, shall be constructed to preclude vehicles
exiting the property (to include test driven
vehicles) from traveling north on Woods Edge Road.
Signage confirming no left turn movements onto
Woods Edge Road shall be provided at such
southernmost access. The Transportation Department
shall approve the exact location of these accesses.
Test drives will not occur on Woods Edge Road north
of the southernmost access. (T)
7. Road Improvements. Prior to the issuance of an
occupancy permit, the following road improvements
shall be completed, as determined by the
Transportation Department. The Transportation
Department shall approve the exact design of these
improvements.
a. Construction of left and right turn lanes
along Woods Edge Road at each approved access.
b. Overlaying the full width of the road with one
and a half (1.5) inch of compacted bituminous
asphalt concrete for the entire length of road
improvements along Woods Edge Road, with
modifications approve by the Transportation
Department.
c. Dedication, free and unrestricted, to and for
the benefit of Chesterfield County, of any
additional right -of way (or easements)
required for these improvements. (T)
8. North/South Arterial Road: The following shall be
completed when the Property is used for any use
other than an automobile storage facility, each as
determined by the Transportation Department, if the
North/South Road, as hereinafter defined, is at
that time shown on the County's Thoroughfare Plan
and is required by the Transportation Department.
The Transportation Department shall approve the
exact alignment and design of these items:
a. Dedication. Prior to any site plan approval,
dedication of a seventy (70) foot wide right
of way for the proposed north/south road (the
"North/South Road") based on VDOT Urban Minor
Arterial Standards (45 MPH), with
modifications approved by the Transportation
Department, free and unrestricted, to and for
the benefit of Chesterfield County, from the.
approved access at Woods Edge Road, through
the property, to the northern property line.
(Note: the North /South Road is not shown on
the Concept Plan.)
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b. Access.
i. The North/South Road access will be
considered one of the approved
accesses per Proffered Condition 6.
ii. The North/South Road access shall be
a full access to Woods Edge Road,
unless otherwise approved by the
Virginia Department of
Transportation (VDOT) and/or the
Transportation Department.
iii. Prior to any site plan approval with
access to the North/South Road, an
access plan for the North/South Road
shall be submitted to and approved
by the Transportation Department.
Vehicular access from the Property
to the North/South Road shall
conform to the approved access plan.
(Note: North/South Road is not shown
on Concept Plan)
C. Road Improvements. Prior to the issuance of
any occupancy permit, the following road
improvements for the North/South Road shall be
completed:
i. Construction of the North/South Road
as a two (2) lane facility to VDOT
Urban Minor Arterial Standards (45
MPH), with modifications approved by
the Transportation Department, from
its approved access at Woods Edge Road
to the northernmost approved access to
the North/South Road.
ii. Construction of additional pavement
along the North/South Road at its
intersection with Woods Edge Road to
provide a three (3) lane typical
section (i.e. one (1) westbound lane
and two (2) eastbound lanes).
iii. Construction of additional pavement
along Woods Edge Road to provide left
and right turn lanes at the
North/South Road approved access.
iv. Full cost of intersection control
(i.e. traffic signalization) at the
North/South Road/Woods Edge Road
intersection, if warranted, as
determined by the Transportation
Department.
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10/23/19
V. Dedication, free and unrestricted, to
and for the benefit of Chesterfield
County, of any additional right -of way
(or easements) required for these
improvements. (T)
9. Architecture. Buildings used for an automotive
storage lot shall be generally compatible with
respect to architectural style with the elevations
shown on Exhibit B. There shall be no unpainted
metal buildings on the Property and no untreated
masonry units visible from a public road. (P)
10. Lighting. Exterior site lighting shall not exceed
twenty-five (25) feet in height above grade level.
All site lighting shall be uniform in color. (P)
11. Burning Ban. The Developer shall not use burning
to clear or timber the Property. (EE)
12. Site Access. Prior to the issuance of any land
disturbance permit or any timbering on the site,
representatives of the Chesterfield Historical
Society shall be given at least 14 days, prior
notice to access the portions of the Property
necessary for the purpose of photographic
documentation and inspection of the Site.
Additional time may be given should weather or
other issues delay such inspections. The owner of
the Property shall have the right to restrict
access to no more than 5 individuals and to require
appropriate insurance, waivers and indemnification
related to such access. (T)
13. Slopes. Development on slopes 25 percent or
greater shall be limited to the amount reasonably
necessary to develop the site in general
conformance with the concept plan. Manmade slopes
greater than 25 percent shall be exempt from this
restriction. (EE)
14. Stormwater. Prior to land disturbance permit
issuance, for the drainage area leading to the
northernmost outfall location only, the applicant
will demonstrate that peak flow from the 100 year
post -developed storm runoff does not exceed the
peak flow from the 100 year pre -developed storm
runoff. On-site detention may be provided to
satisfy this requirement. (EE)
15. Utilities. Upon request of the County, access to
the property and easements shall be provided, at no
cost on standard County documents, for the
following:
a. An expansion of the existing force main
wastewater line running north/south through
the Property generally along the existing
Virginia Power easement, in an exact location
and width as are mutually agreed upon by the
County and the owner of the Property.
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b. A wastewater line to extend from the western
portion of the Property to Woods Edge Road, in
a location and width as are mutually agreed
upon by the County and the owner of the
Property. (U)
16. Overnight Truck Parking. No trucks or other
vehicles parked on the Property after 11 pm but
prior to 5 am shall be left running. (P)
17. Signage. During such time as an automobile storage
lot is the principal use on the Property, a
freestanding sign as permitted by Table 19.1-
276.B.1 of the Ordinance shall be limited to no
more than 5 feet in height and 35 square feet in
area for the Property address and identification.
(P)
18. Noise Mitigation Plan. In conjunction with site
plan approval, noise studies shall be performed,
which include property predevelopment noise levels
(both untimbered and timbered), post -construction
and under operation. Such noise studies shall
determine the level of noise generated from the
operation versus ambient noise levels. Levels of
noise shall also be studied for other area Light
Industrial (I-1) projects. Should noise levels for
the subject property operations exceed those for
other I-1 operations studied, reasonable measures
shall be employed to mitigate operation noise
levels on the property comparable with those
generated by other I-1 projects. Such mitigation
tools may include, but not be limited to,
operational procedures, enhanced landscaping, and
fencing and/or walls. These noise studies shall be
provided to the Home Owner Association
representatives for Walthall Creek and Southcreek
subdivisions. (P)
19. Overhead Doors. Overhead doors located on the
eastern side of the building facing Woods Edge Road
shall be kept closed except when accepting/
releasing vehicles. (P)
And, further, the Board approved the following: a) that real
estate tax revenue generated by the project be identified
annually by staff and applied to transportation improvements
within the traffic shed in which the project is located, or
any traffic shed which would provide relief to that shed,
including turn lane improvements to Woods Edge Road at
Walthall Creek Drive and Southcreek Drive; sidewalk; and
noise mitigation measures if the average, 24-hour noise level
measured at the property line exceeds 65 decibels; b) that
this application of tax revenue be reflected in future
appropriation resolutions; and c) that this application of
project revenue not be changed unless it is changed by a
public vote of the Board of Supervisors after holding a
public hearing.
Ayes: Haley, Elswick, Jaeckle and Winslow.
Nays: Holland.
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10/23/19
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
FXM %fiKI'Ll
In Midlothian Magisterial District, Gertrude Jefferson
requests renewal of manufactured home permit (Case 12SN0211)
to permit a temporary manufactured home and amendment of
zoning district map in a Residential (R-7) District on 0.7
acre known as 1410 Tower Light Road. Density is approximately
1.4 units per acre. The Comprehensive Plan suggests the
property is appropriate for Village Area Residential use. Tax
ID 727-710-3162.
Mr. Gillies presented a summary of Case 20SN0105 and stated
staff recommends approval subject to two conditions.
Ms. Gertrude Jefferson accepted the conditions.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Haley, seconded by Mr. Winslow, the Board
approved Case 20SN0105, subject to the following conditions:
1. The applicant shall be the owner of the
manufactured home while the occupancy of the
manufactured home shall be limited to Irving
Draper. (P)
2. No permanent -type living space may be added to the
manufactured home. The manufactured home shall be
skirted but shall not be placed on a permanent
foundation. (P)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
19SN0623
In Clover Hill Magisterial District, Aiden Associates 8101,
LLC (project commonly known as CrossPointe Marketplace)
requests amendment of zoning approval (Case 85SN0157) to
permit setback and landscape treatment exceptions for parking
and drives and amendment of zoning district map in a
Commercial (C-3) District on 4.5 acres fronting 525 feet on
south line of Hull Street Road, 1025 feet east of Walmsley
Boulevard. Density will be controlled by zoning conditions or
ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Community Mixed Use. Tax IDs 760-
692-6892 and 9194.
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Mr. Gillies presented a summary of Case 19SN0623 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Mr. Robert Evans, representing the applicant, accepted the
recommendation and stated he believes the conditions
proffered are reasonable under state law.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
approved Case 19SN0623, and accepted the following proffered
conditions:
The property owner and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the property under consideration (the "Property") will be
developed according to the following proffers if, and only
if, the rezoning request submitted herewith is granted with
only those conditions agreed to by the owner and applicant.
In the event this request is denied or approved with
conditions not agreed to by the owner and applicant, the
proffers shall immediately be null and void and of no further
force or effect.
AES Consulting Engineers, representing Aiden Associates 8101,
LLC offers the following Proffered Conditions:
1. Master Plan. The Textual Statement dated September
4, 2019 and the Conceptual Plan prepared by AES
Consulting Engineers dated August 29, 2019, titled
Conceptual Plan (Exhibit A) shall be considered the
Master Plan. (P)
2. Utilities. The public water and wastewater systems
shall be used. (U)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
19SN0631
In Matoaca Magisterial District, Evelyn and Michael Ashbrook
request conditional use to permit the parking and storage of
recreational equipment (boat) in the corner side yard and
amendment of zoning district map in Residential (R-88)
District on 1.6 acres known as 17325 Creekbed Road. Density
will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Low Density Residential use (maximum of 1
dwelling per acre). Tax ID 784-629-2808.
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10/23/19
Mr. Gillies presented a summary of Case 19SN0631 and stated
the Planning Commission and staff recommend approval subject
to the conditions.
Mr. Michael Ashbrook accepted the conditions.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board
approved Case 19SN0631, subject to the following conditions:
1. Non -Transferable Ownership. This Conditional Use
approval shall be granted exclusively to Evelyn and
Michael Ashbrook and shall not be transferable nor
run with the land. (P)
2. Use. This Conditional Use approval shall be for the
parking of one (1) recreational vehicle (boat on a
trailer) no greater than twenty-five feet (251) in
length. (P)
3. Location of Recreational Vehicle.
equipment shall be parked within
yard, as shown on Exhibit A and
following setbacks: ten feet (10'
property line and sixty feet (601)
side property line. (P)
The recreational
the corner side
shall meet the
from the rear
from the corner
4. Landscape Screening. Existing mature hardwood trees
and woody shrubs within the areas identified on
Exhibit A, which includes six (6) Japanese privet
installed in August 2019, shall be maintained to
screen the recreational vehicle (boat) from public
view. (P)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
20SN0501
In Bermuda Magisterial District, Wesley M. Caudill (project
commonly known as Meadowville Landing) requests rezoning from
Residential (R-12) with Conditional Use Planned Development
to Residential (R-12) and amendment of zoning district map on
0.9 acre fronting 55 feet on the south line of the eastern
terminus of Bluewater Terrace, east of Bluewater Drive.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Low Density Residential use (max. of 1
dwelling per acre). Tax ID 823-662-5432.
Mr. Gillies presented a summary of Case 20SN0501 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Mr. Wesley Caudill accepted the recommendation.
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Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
approved Case 20SN0501, and accepted the following proffered
conditions:
1. Road Cash Proffer:
A. For the dwelling, the applicant shall pay
$9,400 to the County of Chesterfield for road
improvements within the service district for
the property. Should Chesterfield County
impose impact fees at any time during the life
of the development that are applicable to the
property, the amount paid in cash proffers
shall be in lieu of or credited toward, but
not be in addition to, any impact fees, in a
manner determined by the County.
B. At the option of the Transportation
Department, cash proffer payment may be
reduced for the cost of the road improvements
provided by the applicant, as determined by
the Transportation Department. (B & M)
2. Architectural Design Standards. Any dwelling unit
developed on the Property shall be subject to the
following architectural design standards:
A. Style and Form. The architectural style shall
use forms and elements compatible with those
in the Meadowville Landing subdivision and as
shown in Attachment 2, "Caudill Residence",
prepared by The Round Hill Group and dated
6/17/19.
B. Exterior Facades. Dwellings constructed shall
have brick, stone, or masonry fronts that
cover a minimum of 20% of the fagade. Other
acceptable siding materials shall include
stucco, synthetic stucco (E.I.F.S.), or
horizontal lap siding. Horizontal lap siding
may be manufactured from natural wood or
cement fiberboard or may be premium quality
vinyl siding with a minimum wall thickness of
.044 inches. Synthetic Stucco (E.I.F.S.)
siding shall be finished in a smooth, sand, or
level texture, no rough textures are
permitted.
C. Foundations. All foundations shall be
constructed entirely of brick, stone, or a
mixed combination of both. Synthetic or
natural stucco foundations may be permitted
for facades constructed entirely of stucco.
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10/23/19
D. Roofs.
i. Varied Roof
Line.
and materials shall
dwellings that face
roof pitch shall be
Varied roof designs
be used on facades of
a street. Minimum
8/12.
ii. Roof Materials. Roofing material shall
be dimensional architectural shingles
with a minimum 30 -year warranty. All
flashing shall be copper or pre -finished
aluminum (bronze or black).
E. Porches and Stoops.
i. Front Porches and Stoops. All front
entry stoops and front porches shall be
constructed with a continuous masonry
foundation wall. Individual front
porches and stoops shall be one-story in
height, or taller if the porch/stoop
design is architecturally compatible with
the dwelling it serves. Extended front
porches shall be a minimum of 5 feet
deep. Handrails and railings shall be
finished painted wood or metal railing
with vertical pickets or swan balusters.
Pickets shall be supported on top and
bottom rails that span between columns.
Columns supporting roofs of porches and
stoops shall be masonry piers, tapered
round (Tuscan or Doric) column, or square
box columns a minimum of 8 inch square as
appropriate to the character of the
dwelling unit. All front steps shall be
masonry to match the foundation.
ii. Rear Porches. All rear
constructed on. masonry
with lattice screening
columns. Handrails and
finished painted wood
with vertical pickets or
porches shall be
or stone piers
spanning between
railings shall be
Dr metal railing
swan balusters.
F. Fireplaces, Chimneys and Flues.
i. Chimneys. Sided chimneys are permitted
on roof planes or facades and must have
masonry foundations. Cantilevered
chimneys are not permitted. The width
and depth of chimneys shall be
appropriately sized in proportion to the
size and height of the unit. For gas
fireplaces, metal flues may be used on
the roof.
ii. Direct Vent Fireplaces. Direct vent gas
fireplace boxes which protrude beyond the
exterior plane of the dwelling unit, are
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not permitted on facades facing a street.
All the exterior materials and finishes
used to enclose the fireplace box must
match the adjacent facade.
G. Minimum dwelling size. The minimum gross
floor area for each single-family dwelling
shall be 2,500 square feet. (P and BI)
3. Front Walks/Driveways.
A. Private Driveways. All private driveways
shall be hardscaped with brushed concrete or
asphalt. Private driveways shall not require
curb and gutter.
B. Front Walks. A front walk shall be provided
to the dwelling. The front walk shall be
hardscaped with of brushed concrete or asphalt
and shall be a minimum of 3 feet wide. (P)
4. Front Loaded Attached Garages. No front -loaded
garages shall be permitted except in the case where
a dwelling includes three garages. In the case
where a dwelling has three garages, no more than
one garage shall be front -loaded. (P and BI)
5. Landscaping and Yards.
A. Sod and Irrigation. The front yard shall be
sodded and irrigated.
B. Foundation Planting Bed. Foundation planting
is required along all dwelling facades facing
a street. Foundation Planting Beds shall be a
minimum of 4 feet wide measured from the
dwelling unit foundation. Planting beds shall
be defined with a trenched edge or suitable
landscape edging material. Planting beds
shall include medium shrubs spaced a maximum
of four (4) feet apart. Dwelling unit corners
shall be visually softened with vertical
accent shrubs 4-5 feet in high at the time of
planting or small evergreen trees 6-8 feet
high at the time of planting. (P)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
7ngvnsna
In Bermuda Magisterial District, Candis V. and Maurice T.
Oxendine request conditional use planned development to
permit accessory structure to exceed gross square footage of
dwelling and amendment of zoning district map in a
Residential (R-7) District on 0.5 acre known as 3901 Gill
Street. Density will be controlled by zoning conditions or
ordinance standards. The Comprehensive Plan suggests the
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property is appropriate for Residential use (2.5 dwellings
per acre or less). Tax ID 791-654-2144.
Mr. Gillies presented a summary of Case 20SN0504 and stated
the Planning Commission and staff recommend approval subject
to the conditions.
Ms. Candis Oxendine accepted the conditions.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
Ms. Jaeckle made a motion, seconded by Mr. Winslow, for the
Board to approve Case 20SN0504, subject to the condition.
Mr. Winslow stated this request is an example of an issue
that should be addressed in the re -write of the zoning
ordinance.
Ms. Haley called for a vote on the motion of Ms. Jaeckle,
seconded by Mr. Winslow, for the Board to approve Case
20SN0504, subject to the following condition:
The gross square footage of all accessory structures on the
lot shall not exceed 2,048 square feet. (P)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
7nawmmn7
In Midlothian Magisterial District, Christian Buckingham
(project commonly known as Village Market Place) requests
conditional use to permit a tattoo shop and amendment of
zoning district map in a Community Business (C-3) District on
5.0 acres known as 13152 Midlothian Turnpike. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Village Shopping District use. Tax ID 731-708-4522.
Mr. Gillies presented a summary of Case 20SN0507 and stated
the Planning Commission and staff recommend approval subject
to the conditions.
Mr. Christian Buckingham accepted the conditions.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Haley, seconded by Mr. Winslow, the Board
approved Case 20SN0507, subject to the following conditions:
1. This conditional use shall be granted to and for
Christian Buckingham only and shall not be
transferable nor run with the land. (P)
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2. This conditional use shall be for the operation of
a tattoo shop. (P)
3. Tattoo shop shall be conducted in compliance with
all laws regulating such use. (P)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
20SNO518
In Midlothian Magisterial District, the Chesterfield County
Board of Supervisors requests amendment to zoning approval
(Case 18SN0732) relative to development standards, and
amendment of zoning district map on 4.2 acres zoned R-7 and
known as 13900 and 13910 Winterfield Lane and an adjacent
0.5 -acre public right-of-way zoned R-12 in the vicinity of
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 uses. Tax IDs 727-708-0098 and 1691, and
an adjacent portion of public right-of-way (Winterfield
Lane) .
Mr. Gillies presented a summary of Case 20SNO518 and stated
the Planning Commission and staff recommend approval subject
to the conditions.
Ms. Darlene Lathrop accepted the conditions.
In response to Mr. Winslow's question, Ms. Lathrop stated a
large portion of the reason the building is being reoriented
is related to storm water management.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
Ms. Haley stated she is disappointed that the stormwater and
other site challenges were not identified earlier.
Ms. Haley then made a motion, seconded by Mr. Winslow, for
the Board to approve Case 20SN0518, subject to the following
conditions:
Conditions 1, 2, 3, 5, 9, 10 and 12 of Case 18SNO732 shall be
amended as provided below. Condition 8 of Case 18SNO732
shall be deleted in its entirety. All other conditions of
Case 18SNO732 shall remain in force and effect.
1. Master Plan. The Textual Statement dated 9/4/2019
shall be considered the Master Plan. (P)
2. Building Location: The fire station building shall
be located as generally shown on the Concept Site
Plan by Guernsey Tingle dated July 30, 2019. (P)
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10/23/19
3. Architectural Treatment. The fire station building
shall include the following materials and
architectural features or better:
a. Neo -traditional style and detailing based on
the context of the Midlothian Village area
b. Generous use of windows along sides of the
building visible from Midlothian Turnpike and
Winterfield Lane
C. Traditional cornice detailing to include
fascia, soffit and frieze trim
d. Traditional window and door surrounds of
masonry or cast stone
e. Brick, cast stone or other comparable masonry
materials on all sides of building
f. Standing seam metal roof
g. Glass garage bay doors (P)
4. Foundation Plantings. Building elevations facing
south, east, and west shall be enhanced with
foundation planting beds. Exact treatment and
plantings shall be determined by the Planning
Department at the time of site plan review. (P)
5. Sidewalks. A sidewalk
feet shall be placed
frontage adjacent to
60) . (P)
with a minimum width of 5
along the entire property
Midlothian Turnpike (Route
6. Street Trees. Street trees shall be placed along
the north side of Midlothian Turnpike (Route 60)
and the east side of Winterfield Lane. Spacing of
street trees shall be 35 feet on center, however,
where lines of site along Midlothian Turnpike in
proximity to the vehicle bays are to be protected,
the Planning Director shall allow a clear visual
obstruction area. (P)
7. Buffer. A 50 -foot buffer shall be provided along
the northern property line adjacent to Tax ID's
727-709-2744, 727-709-1844, 727-709-1147, & 726-
709-9746 (13901, 13907, 13913 & 13921 Westfield
Road). This buffer may be reduced or eliminated
should these adjacent properties be developed for
non-residential uses or should future rights-of-way
be dedicated on the site, as approved by the
Planning Department at the time of site plan
review. Such buffer shall comply with requirements
of the Ordinance for buffers of (50) feet in width.
(P)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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20SN0531
In Bermuda Magisterial District, Chesterfield County Board of
Supervisors (project commonly known as Thomas Dale High
School) requests conditional use to permit a computer -
controlled, variable -message, electronic sign (EMC) and
amendment of zoning district map in a Residential (R-7)
District on 39.61 acres known as 3626 West Hundred Road.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Public use. Tax ID 791-657-8718
Mr. Gillies presented a summary of Case 20SN0531 stated the
proposal is for one -minute interval messaging on the sign.
He further stated the Planning Commission revised the
conditions to add a higher resolution 10-milimeter pixel
requirement for the future sign. He further stated the
Planning Commission and staff recommend approval.
Ms. Jaeckle stated she thinks it would make more sense for
the display to have a 30 -second interval at this location to
let people know what is going on at the school.
Mr. Gillies stated Ms. Jaeckle could change the condition to
a 30 -second interval, if she feels that is appropriate.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
approved Case 20SN0531, subject to the following conditions,
including the change in display interval from one minute to
30 seconds:
1. The EMC shall comply with ordinance standards
except that the interval for copy change shall be
permitted at a minimum of thirty (30) seconds. (P)
2. The resolution of the EMC display shall be no lower
than 10 mm (pixels). (P)
Ayes: Haley, Elswick, Jaeckle and Holland.
Nays: Winslow.
20HP0100
In Midlothian Magisterial District, Matthew and Melissa Carr
request historic landmark designation for the HALLSBORO
STORE. This request lies on 1.4 acres in a Neighborhood
Business (C-2) District on a parcel totaling 2.8 acres and is
known as 920 Mt. Hermon Road. The Comprehensive Plan suggests
the property is appropriate for Phased Suburban Residential
(Maximum of 2.0 dwellings/acre) and Conservation/Recreation.
Tax ID 707-702-2355, structure only (Sheet 05).
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Mr. Andy Gillies presented a summary of Case 20HP0100 and
stated the Planning Commission, Historic Preservation
Committee and staff recommend approval.
Ms. Melissa Carr came forward as the applicant.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Haley, seconded by Mr. Winslow, the Board
approved Case 20HP0100.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
19SN0605
In Midlothian Magisterial District, Matthew and Melissa Carr
request conditional use to permit a business (special events)
and amendment of zoning district map on 1.4 acres in a
Neighborhood Business (C-2) District on a total 4.5 -acre site
and 3.1 acres in an Agricultural (A) District on a total 4.5 -
acre site plus conditional use planned development on 1.7
acres of a total 4.5 -acre site to permit exceptions to paving
requirements and an exception to Section 18-60 of the Utility
Ordinance for exceptions to the requirement to use the public
water and wastewater systems on the total 4.5 -acre site known
as 900 and 920 Mt. Hermon Road and 921 Hallsboro Road.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Phased Suburban Residential (Maximum of 2.0
dwellings/acre) and Conservation/Recreation. Tax IDs 707-702-
2355 and Part of - 2186, and 707 -703 -Part of - 4034.
Mr. Drew Noxon presented a summary of Case 19SN0605 and
stated staff is supportive of the exceptions to paving
requirements for a parking area. He further stated the
Comprehensive Plan suggests that the northern and eastern
portions of the subject property should be developed for
phased suburban residential uses subject to connection to the
public utility systems, which would most likely happen once
the Roseland project fully develops out; however, that
project is currently on hold so there is no timeline for
development and extension of the wastewater systems. He
stated staff agrees that the use is appropriate at this time
due to the lack of utility facilities, as well as the rural
character of the surrounding community. He further stated
Planning staff recommends approval of Request I, Conditional
Use to permit a special events business. He stated the
Transportation Department is recommending denial of the
request because Hallsboro and Mt. Hermon Roads are narrow and
have minimal to no shoulders, as well as several horizontal
and vertical curves that are substandard. He further stated
Planning Staff is recommending approval of Request II,
exception to the connection to public water and wastewater
systems, because it is an interim use until utilities can be
extended to the area. He stated the Utilities Department is
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recommending denial of the connection exception because there
are no topographic or capacity limitations that would prevent
connection to the public systems. He further stated the
Planning Commission unanimously recommended approval of both
requests subject to the conditions.
Ms. Melissa Carr accepted the conditions.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
Ms. Haley stated she is excited about the opportunity to use
this historic building as a special events venue. She further
stated people look for places like this on country roads as
locations for events such as weddings. She stated she has
received several emails of support from the neighboring
community.
Ms. Haley then made a motion, seconded by Mr. Holland, for
the Board to approve Case 19SN0605 (Requests I and II),
subject to the following conditions:
1. Non -Transferable Ownership. This Conditional Use
shall be granted to Matthew and Melissa Carr
exclusively, and shall not be transferable nor run
with the land. (P)
2. Use Limitation. This Conditional Use approval shall
be for the operation of a business (weddings/
receptions, arts and craft shows and workshops,
yoga classes, farmer's markets and educational/
cultural speakers). Activities to include parking
shall be limited to the areas depicted in the
figure (Site Layout) on page 6. (P)
3. Time Limitation. This Conditional Use approval
shall be granted for a period not to exceed two (2)
years from the date of approval. (P)
4. Maximum Number of Events. The number of events
shall not exceed 36 in one (1) calendar year. (P)
5. Hours of Operation. Events shall be permitted
Tuesdays through Thursdays from 11:00 a.m. to 9:00
p.m., Fridays and Saturdays from 9:00 a.m. to 11:00
p.m., and Sundays from 9:00 a.m. to 9:00 p.m.
There shall be no Monday operation. (P)
6. Group Assembly. A maximum of 140 clients and their
guests, to include employees/vendors, at any one
time, shall be permitted on the premises. (P)
7. Permitted Structures and Expansion of Use.
Buildings shall be limited to a maximum 3,000
square -foot events building and a 320 square -foot
storage shed (excluding temporary tents). Additions
or exterior alterations shall not be permitted to
accommodate this use, unless as otherwise required
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by code to accommodate handicapped accessibility.
(P)
8. Public Address. Use of an outside public address
system shall be limited to live and/or amplified
music and sound. Noise generated by this system
shall not exceed 55 dBa as measured at the parcel
boundaries. (P)
9. Signage. No signs to identify this use shall be
permitted on portions of the subject property zoned
Agricultural (A). (P)
10. Parking Area Treatment. 20 parking spaces located
on the premises known as 900 Mt.
Hermon Road (GPIN 707-703-4034) shall be
constructed of gravel, or pervious surface material
as approved by the Planning Department. All
remaining parking spaces shall remain as grass.
(P)
11. Utility Exceptions. The exception to the use of
public water and public wastewater shall only apply
to the 4.5 acres identified in this application and
provided the use is limited to a special events
venue as proposed. Any development of the property
for additional lots or uses, other than the
aforementioned, shall be required to conform to the
Code at that time for the provision of public water
and public wastewater. (U)
12. Dedication of Easements. Any site plan or building
permit for the subject parcel shall provide and
dedicate public water easements and public
wastewater easements in locations acceptable to the
Utilities Department to accommodate the future
extension of the public water and wastewater
systems. Such easements shall be dedicated prior
to site plan approval. (U)
13. Future Extension of Public Water Svstem. In the
event the public water system is extended to a
point within 200 feet of the property, the public
water system shall be extended to a point
acceptable to the Utilities Department and all uses
requiring domestic water shall be connected to the
public water system. (U)
14. Future Extension of Public Wastewater Svstem. In
the event the public wastewater system is extended
to a point within 200 feet of the property, the
public wastewater system shall be extended to a
point acceptable to the Utilities Department and
all uses requiring domestic wastewater shall be
connected to the public wastewater system. (U)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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19SNO610
In Matoaca Magisterial District, Winterpock Solar I, LLC
requests a conditional use to permit a large scale solar
energy facility and an amendment of zoning district map in an
Agricultural (A) District on 329.3 acres fronting 300 feet on
the east line of Eppes Falls Road, 6600 feet south of River
Road; also fronting approximately 100 feet on the south line
of River Road, 2450 feet east of Black Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Rural Residential Agricultural uses. Tax IDs 706 -639 -Part of
7211, 707 -639 -Part of 6747, 710 -640 -Part of 4102 and 711 -642 -
Part of 0774.
Ms. Jane Peterson presented a summary of Case 19SNO610 and
stated the Planning Commission and staff recommend approval
and acceptance of the proffered conditions, noting that the
proposal complies with the Comprehensive Plan guidelines
relative to land use and parcel aggregation, and through
buffering and setbacks, achieves appropriate transition to
neighboring residential uses.
Mr. Will Shewmake, representing the applicant, thanked staff
for its diligent work on the solar ordinance. He provided an
overview of the proposed solar facility, including the
positive impact it would have on the community and the
environment. He stated the applicant worked very hard to
address concerns of neighbors concerning visibility of the
project by removing the panels that were to be located close
to River Road. He further stated the applicant has agreed to
relocate the access road away from the Zen family's property
and landscape the existing access road. He provided details
of changes that were made to the proffered conditions as a
result of the community's involvement. He stated the proposed
development would have no impact on property values, will not
produce traffic, odor, noise or light issues, and is a quiet
and much less intensive use. He stated the applicant has
agreed to submit a geotechnical report to determine whether
there are any mines located on the property. He further
stated solar development is important to the county and to
the state for the provision of renewable energy. He stated
the proposal represents a $26 million investment in the
county and over the life of the project, $1 million in tax
benefits.
Ms. Haley called for public comment.
Ms. Mary Ellen Howe, representing the Eppington Foundation,
stated the foundation is very pleased with the proposal and
welcomes the passive use of the land.
Ms. Dawn Gambardella stated one thing that has not been
addressed is disposal of the toxic panels when they are
decommissioned. She requested that the case be deferred
until after January 1st to give the newly elected board
members an opportunity to weigh in on it.
Mr. Glen Bessa, a resident of the Dale District, stated he
supports the project.
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Ms. Valerie Myers suggested that the Board consider whether
there should be a limit on the amount of agricultural acreage
in the county to be covered with solar panels.
Mr. Michael Zen, adjacent resident to the proposed project,
stated he supports the proposal, indicating that the
applicant worked hard to address his concerns.
Mr. Phil Lohr stated the county -imposed restrictions with
approval of another solar facility that the right of way for
the east -west freeway would be restored when the
decommissioning occurred in 30-35 years. He stated the
subject property for this request lies directly in the
proposed line of the east -west freeway, yet there has been no
mention of what is going to happen with the right of way in
this case.
There being no one else to address the issue, the public
hearing was closed.
In response to Ms. Haley's question, Mr. Ray Cash stated the
solar ordinance required that a decommissioning plan be
provided at the time of site plan review; however, no
standards regarding disposal were enumerated. He further
stated that is something that could be considered during the
decommissioning plan review.
Discussion ensued relative to the decommissioning and
disposal of solar panels and DEQ requirements.
Mr. Elswick requested that staff review the solar ordinance
to see if a revision is necessary to address decommissioning
of solar panels.
In response to Mr. Winslow's question, Mr. Cash stated staff
does not have enough data to determine the amount of
agricultural acreage that should be allowed for solar panel
use. He further stated this should be monitored over time
before providing a future evaluation.
In response to Mr. Elswick's question, Ms. Haley Larabee,
project manager with Cypress Creek, stated the company has a
recycling program, depending on the manufacturer of the solar
panels, and there is quite a bit of salvage value in the
panels.
Mr. Elswick thanked his Planning Commissioner Craig Stariha
for his diligence with this project. He stated each case
should be based on its own merits, and the Board has an
obligation to look at proposals and determine whether what
the landowners want to do with their property is reasonable.
He further stated he thinks the proposed solar facility is a
reasonable use of the subject property.
In response to Mr. Elswick's question, Mr. Jesse Smith stated
the subject property is generally located in the path of the
proposed east -west freeway, and in this case staff requested
that the application accommodate the right of way through the
property, but they declined to do that as part of this case.
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He stated staff sees this is an interim use and does not feel
like the right of way will be necessary since traffic will
not be generated by the proposed development.
Mr. Elswick stated when he looks at what could be located on
the subject property, he thinks this is the least intrusive
use.
Mr. Elswick then made a motion, seconded by Ms. Jaeckle, for
the Board to approved Case 19SN0610, and accept the following
proffered conditions:
1. Conceptual Plan. The plan titled "Zoning Site Plans
Winterpock Solar I, LLC. Solar Power Generation
Facility", prepared by Cypress Creek Renewables,
and last revised 9/10/2019 shall be considered the
Conceptual Plan for the proposed development.
Development of the Property shall conform generally
to the Conceptual Plan. (P)
2. Right of Way. The following rights-of-way shall be
dedicated, free and unrestricted, to and for the
benefit of Chesterfield County, prior to any site
plan approval:
a. Forty-five (45) feet of right-of-way on the
south side of River Road along the property's
frontage with River Road measured from the
centerline of River Road.
b. Thirty (30) feet of right-of-way east side of
Eppes Falls Road, measured from the centerline
of Eppes Falls Road along the property's
frontage with Eppes Falls Road. (T)
3. Access. Direct vehicular access from the property
to River Road and Eppes Falls Road shall be limited
to one (1) entrance/exit on each roadway. (T)
4. Steep Slopes. Steep slopes equal to or greater than
20 percent shall remain in their natural,
undisturbed state to the maximum extent
practicable, unless otherwise approved by the
Department of Environmental Engineering. In
locations where the disturbance of slopes greater
than 20 percent is unavoidable, enhanced erosion
and sediment control measures, such as super silt
fence (or alternative as approved by the Department
of Environmental Engineering) and the application
of anionic PAM to denuded areas during construction
and final stabilization, will be provided as
directed by the Department of Environmental
Engineering at the time of site plan review. The
Department of Environmental Engineering shall
approve the exact design and implementation of
these standards. (EE)
5. Pile Driving. During construction of the solar
facility, pile driving activities on the property
west of Tax Map Parcel number 706-639-7211 shall be
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limited to Monday through Friday from 9:00 AM to
5:00 PM. (P)
6. Eppes Falls Road (Private Access Road). The
existing private access road from Eppes Falls Road
shall be relocated as shown on the Conceptual Plan.
Landscaping as depicted in plan prepared by Balzer
& Associates, dated September 17, 2019 (Exhibit B)
shall be installed within areas occupied by the
existing private access road located in the
northern fifty ( 5 0 ) setback adjacent to Tax ID 705-
638-0456.
05-638-0456. (P)
7. Geotechnical Report. A geotechnical engineering
report will be submitted to the Department of
Environmental Engineering prior to site plan
approval, for any potential historic mining areas
identified within the solar project area. The
geotechnical report will, through the use of
borings and other techniques, locate potential mine
shafts, air vents, exploratory pits, etc. in the
areas where potential mining may have occurred on
the properties. (EE)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
199NO929
In Matoaca Magisterial District, Swift Creek Holdings, LLC
(project commonly known as Swift Creek Station) requests
rezoning from Residential (R-12) to Residential Multi -Family
(R -MF) of 53.1 acres, Residential Townhouse (R-TH) of 93
acres, and Residential (R-12) of 82.6 acres with conditional
use planned development to permit commercial uses and
exceptions to ordinance requirements and amendment of zoning
district map on a total of 228.7 acres located on the north
and south lines of Quailwood Road 1500 feet west of Bailey
Bridge Road, the western terminus of Cameron Bay Drive, the
northern termini of Holly View Parkway and Holly Bark Drive,
and bounded by Swift Creek to the north. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Suburban Residential II use (2 to 4 dwellings per acre). Tax
IDs 732-672-9726, 732-673-9114, 733-672-8988.
Mr. Josh Gillespie presented a summary of Case 19SN0629,
which includes a rezoning request and a request for waiver to
street subdivision connectivity requirements to Quailwood
Road. He provided details of the land use mixtures
surrounding the subject property and stated the Comprehensive
Plan suggests the property is appropriate for suburban
residential use at a density of 2-4 units per acre, and the
guidelines for the plan include compatibility and transition
to master planning and integrated development, housing
diversity and standards for development on smaller lots. He
stated the plan further suggests that in unique developments,
office and commercial uses may be appropriate under certain
circumstances when located at intersecting corridors to serve
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area neighborhoods while minimizing impact on residential
areas. He further stated the project includes design
standards and the proffered conditions for the design
standards promote integration of residential, commercial and
office uses, with open spaces and recreational amenities. He
stated the organizing feature of the project is a new
arterial road, as well as a residential collector road to the
west. He further stated there is a minimum of 75 acres of
open space proffered with the project, including focal
points, a dog park and community gardens. He stated there
will be sidewalks and asphalt trails throughout the
development. He provided details of various amenities
included in the project. He stated the Thoroughfare Plan
identifies a proposed north -south arterial extending from
Bailey Bridge Road across Swift Creek to Brad McNeer Parkway,
which will require a substantial bridge structure. He further
stated with the initial certificate of occupancy permits for
the project, construction of the off-site connector
improvements to the north would be required. He stated the
applicant has proffered road cash proffers based on unit type
and occupancy of age restricted to address road impacts;
however, if the off-site connector improvements are provided
by the applicant, the road cash proffers would no longer be
required. He further stated road connectivity includes a
waiver to Quailwood Road connection, consistent with the
existing zoning conditions. He stated staff supports the
waiver since there is an adequate road network to disperse
traffic from the development and the area. He further stated
the Planning Commission and staff recommend approval of
Requests I and II and acceptance of the proffered conditions,
including an additional Proffered Condition #13 related to
minimum dwelling size. He stated the Board must suspend its
rules to consider the additional proffered condition.
Mr. Elswick made a motion, seconded by Ms. Jaeckle, for the
Board to suspend its rules to consider Proffered Condition
#13 relative to minimum square footage of single family
detached residential dwellings.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Mr. Will Shewmake, representing the applicant, provided
details of how the proposal represents infill development.
He stated the proposal is for a master -planned community,
with a maximum of 799 dwellings, including single-family
townhomes, age -restricted duplexes and quads, and apartments;
75-78 acres of open space; and 15 acres of community retail
and commercial development. He noted that a dog park is
specifically proffered. He provided details of various
changes and improvements that have been made to the proposed
development in working with staff and the community. He
stated the project will not have any additional impact on
schools from the existing zoning, noting that this is a 10 -
year development and the connection to Brad McNeer Parkway
must be constructed before development can occur. He provided
a comparison of the number of students with the proposed
development to the number of students with the existing
zoning. He stated the proposal is consistent with the
Comprehensive Plan, and both staff and the Planning
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Commission recommend approval. He requested the Board's
support of the proposed development.
In response to Mr. Holland's question, Mr. Shewmake stated he
anticipates that a project of this size would take about ten
years to develop.
Mr. Holland expressed concerns that the middle school in this
area is currently at 101 percent capacity and this project
would result in the necessity of another middle school. He
noted there are other school needs throughout the county.
Mr. Shewmake stated, based on information provided by the
school demographer, the proposed development will not make
the student projections any worse than what is currently
allowed with the R-12 zoning.
In response to Mr. Mincks' question, Mr. Shewmake stated he
believes all of the conditions proffered are reasonable under
state law.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Elswick stated both county and schools staff are aware
that a middle school must be built in Western Chesterfield
regardless of whether this project is approved, based on
zoning that has already occurred. He noted that the number
one need to be met is the elementary school that is being
built in Magnolia Green, followed by a middle school.
Mr. Holland stated the Falling Creek area is also in need of
a new middle school.
Mr. Elswick stated this project represents an ideal infill
development and is the type of project the population wants
today. He further stated the market is no longer going to
support all single-family subdivisions. He noted that the
project will add citizens in the vicinity of Commonwealth
Centre, which will keep that shopping center alive.
Mr. Elswick then made a motion, seconded by Ms. Jaeckle, for
the Board to approve Case 19SN0629, and accept the following
proffered conditions:
1. Master Plan. The Plan titled "Swift Creek Station
Master Plan" (the "Design Master Plan") prepared by
HG Design Studio dated September 6, 2019 and the
Textual Statement dated September 6, 2019 together
shall be considered the Master Plan. (P)
2. Utilities. Public water and wastewater service will
be used for domestic purposes throughout the
development. (U)
a. The Developer shall submit and receive
approval from the Utilities Department on
overall utilities master plan indicating the
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on-site and off-site utilities improvements
necessary to support the development prior to
the submission of any tentative subdivision,
construction, or site plan on the property.
b. The Developer shall perform a hydraulic
analysis of the county's water and wastewater
systems to verify adequate capacity exists as
part of the overall utilities master plan. Any
capacity related improvements required to
support the demands of this development will
be reflected on the overall utilities master
plan.
C. Based on the utilities master plan, the
Developer shall be responsible for any
necessary capacity related improvements to the
water and wastewater systems. (U)
3. Road Cash Proffers.
a. The Applicant, Developer, Sub -divider, or
Assignee(s) shall pay $8,450 for each single
family dwelling unit, $5,323 for each townhome
or condominium dwelling unit, $5,070 for each
apartment dwelling unit, $4,324 for each
senior housing detached dwelling unit, and
$2,619 for each senior housing attached
dwelling unit to the County of Chesterfield
for road improvements within the service
district for the property.
b. Each payment shall be made prior to the
issuance of a building permit for a dwelling
unit unless state law modifies the timing of
the payment. Should Chesterfield County impose
impact fees at any time during the life of the
development that are applicable to the
property, the amount paid in cash proffers
shall be in lieu of or credited toward, but
not in addition to, any impact fees, in a
manner determined by the County.
C. If the Applicant, Developer, Sub -divider, or
Assignee(s) is responsible for the
construction and completion of the Off -Site
Bailey Bridge Connector road improvements as
identified in Proffered Condition 7.a., as
determined by the Transportation Department,
then the Road Cash Proffer payments will no
longer be required of the Applicant/Developer
of the Property.
d. At the option of the Transportation
Department, cash proffer payments may be
reduced for the cost of road improvements,
other than those improvements identified in
Proffered Conditions 7.c., 7.d., and 7.e.,
provided by the Applicant, Developer, Sub-
divider, or Assignee(s), as determined by the
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Transportation Department. The value of the
improvements shall be approved by the
Transportation Department. (B & T).
4. Density. The maximum density of the development
shall be 150 single family lots, 150 multi -family
(low-rise) units, 350 multi -family (mid -rise)
units, 150 age -restricted units, 14,000 square feet
of pharmacy with drive-thru, 3,000 square feet of
high -turnover sit-down restaurant, 4,000 square
feet of fast-food restaurant with drive-thru, 2,000
square feet of coffee/donut shop with drive-thru,
and eight (8) fueling position super convenience
market/gas station; or equivalent density as
determined by the Transportation Department. (T)
5. Access.
a. Prior to any tentative subdivision or site
plan approval, an access plan for the north/
south collector (the "Bailey Bridge
Connector") shall be submitted to and approved
by the Transportation Department. Vehicular
access from the Property to the Bailey Bridge
Connector shall conform to the approved access
plan.
b. There shall be no direct vehicular access to
Quailwood Road.
C. Public road access will be provided to Tax Map
Parcel 732-673-5070 in conjunction with the
development of Tract 9. (T)
6. Dedication. In conjunction with recordation of the
initial subdivision plat, prior to any site plan
approval, or within sixty (60) days of a written
request by the Transportation Department, whichever
occurs first, a ninety (90) foot wide right-of-way
for a north/south collector (the "Bailey Bridge
Connector") shall be dedicated, free and
unrestricted, to and for the benefit of
Chesterfield County. The exact location of this
right-of-way shall be approved by the
Transportation Department. (The Design Master Plan
depicts a conceptual Bailey Bridge Connector
alignment that has not been approved by the
Transportation Department.) (T)
7. Transportation Improvements. To provide an adequate
roadway system, the Developer/Applicant shall be
responsible for the following road improvements and
shall be completed, as determined by the
Transportation Department. The exact design and
length of these road improvements shall be approved
by the Transportation Department. If any of the
road improvements identified below are provided by
others, as determined by the Transportation
Department, then the specific road improvement
shall no longer be required.
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a. Off-site Improvement: Construction of a two-
lane road/bridge with a shared use path for
the north/south collector ("Off -Site Bailey
Bridge Connector"), to VDOT Urban Collector
(35 MPH) standards with modifications approved
by the Transportation Department, from Brad
McNeer Parkway to Swift Creek (approximately
1,000 feet), including:
i. Additional pavement along the Off -Site
Bailey Bridge Connector to provide a
three -lane typical section (one (1)
southbound lane and two (2) northbound
lanes) at its intersection with Brad
McNeer Parkway;
ii. Additional pavement along Brad McNeer
Parkway at the Off -Site Bailey Bridge
Connector intersection to provide left
and right turn lanes; and
iii. Intersection control of the Brad McNeer
Parkway/Off-Site Bailey Bridge Connector
intersection, if warranted as determined
by the Transportation Department.
Note: Proffered Conditions 7.a.i. and 7.a.ii.
may be modified by the Transportation
Department based on the intersection control
determined by the Transportation Department
and approved by the Virginia Department of
Transportation.
b. Off -Site Improvement: Construction of a VDOT
standard concrete sidewalk along the south
side of Bailey Bridge Road from Battlecreek
Drive to Bailey Hill Road (approximately 1,400
feet) .
C. Construction of a two-lane road with a shared
use path for the north/south collector ("On -
Site Bailey Bridge Connector"), to VDOT Urban
Collector (35 MPH) standards with
modifications approved by the Transportation
Department, from Swift Creek, through the
Property, to the southern Property line based
on an approved alignment by the Transportation
Department (approximately 4,000 feet),
including:
i. Construction of right and left turn lanes
along the On -Site Bailey Bridge Connector
at each approved access, if warranted
based on Transportation Department
standards;
ii. Intersection control of the On -Site
Bailey Bridge Connector at each approved
intersection/access, if warranted as
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determined by the Transportation
Department.
d. If Cameron Bay Drive is extended onto the
Property, the extension shall be designed and
constructed to provide for a circuitous
alignment from existing Cameron Bay Drive to
the proposed Property road network, as
determined by the Transportation Department
and approved by VDOT. In addition, traffic
calming device(s) along Cameron Bay Drive,
such as a traffic island as generally shown on
the Master Plan, shall be provided, if
approved by VDOT.
e. Construction of a VDOT standard sidewalk from
Village School Lane to the Bailey Bridge
Connector.
f. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way
(or easements) required for the improvements
identified above. In the event the
Developer/Applicant is unable to acquire the
"off-site" right-of-way that is necessary for
the road improvements described above, the
Developer/Applicant may request, in writing,
that the Chesterfield County acquire such
right-of-way as a public road improvement. All
costs associated with the acquisition of the
right-of-way shall be borne by the
Developer/Applicant. In the event Chesterfield
County chooses not to assist the
Developer/Applicant in acquisition of the
"off-site" right-of-way, the Developer/
Applicant shall be relieved of the obligation
to acquire the "off-site" right-of-way and
shall provide the road improvements to the
extent they can be constructed within
available right-of-way, as determined by the
Transportation Department. (T)
8. Transportation Phasing Plan. Prior to any tentative
subdivision, site plan, or construction plan
approval, whichever occurs first, a phasing plan
for the required road improvements, as identified
in Proffered Condition 7, shall be submitted to and
approved by the Transportation Department. The
approved phasing plan shall require, among other
things, that in conjunction with initial
development and issuance of any certificate of
occupancy, construction of Off -Site Bailey Bridge
Connector as identified in Proffered Condition 7.a.
and 7.f. shall be completed as determined by the
Transportation Department; and prior to the
issuance of any certificate of occupancy that would
permit more than 350 dwelling units on the
Property, sidewalk improvements as identified in
Proffered Condition 7.b. shall be completed as
determined by the Transportation Department. (T)
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9. Age Restriction. Except as otherwise prohibited by
the Virginia Fair Housing Law, the Federal Fair
Housing Act, and such other applicable federal,
state or local legal requirements, dwelling units
designated as age -restricted shall be restricted to
"housing for older persons" as defined in the
Virginia Fair Housing Law and no persons under 19
years of age shall reside therein. Any lots for
age -restricted dwelling units shall be grouped
together on a particular portion of the Property
and shall not be scattered among other residential
units. At the time of recordation of a subdivision
plat or the approval of any site plan, the lots
shall be noted as age -restricted. Any site plan for
age -restricted dwelling units shall also note the
restriction. Quads and Duplexes shall be age -
restricted. (P)
10. Construction Signage. Prior to any land disturbance
on the Property, sign(s) shall be installed by the
Developer/Applicant at the Bailey Bridge Road and
Cameron Bay Drive intersection and appropriate
location(s) along Cameron Bay Drive to deter
construction traffic from accessing the Property
through Cameron Bay Drive. Sign(s) shall be clearly
legible from the public right of way. Such sign(s)
shall be maintained by the Developer/Applicant and
shall remain until construction activity is
complete as determined by the Planning Department.
(P)
11. Drainage. The post development storm water
discharge rate of any drainage to properties
adjacent to the Property for 2-, 10- and 100- year
storms shall be maintained at pre -development
discharge rates respectively. (EE)
12. Elevation Incident to Dam Inundation Area. The
lowest ground elevation at the foundation of homes
shall be at or above the dam failure limits. (EE)
13. Minimum Dwelling Size - Single Family (non -
cluster). Single family dwellings on non -cluster
lots shall contain a minimum gross floor area of
2000 square feet. (P)
(Staff Note: This condition applies to a single
family to single family detached dwelling only.)
Ayes: Haley, Elswick and Jaeckle.
Nays: Winslow and Holland.
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18. PUBLIC HEARINGS
18.A. TO CONSIDER AN ADDITIONAL LAND LEASE AND FBO SERVICES
AGREEMENT EXTENSION WITH DOMINION AVIATION SERVICES,
INC.
Mr. Scott Zaremba stated this date and time has been
advertised for a public hearing for the Board to consider an
additional land lease and FBO services agreement extension
with Dominion Aviation Services, Inc. He provided details of
services that have been offered by Dominion Aviation. He
stated with an additional FBO opening soon and other changes
that have occurred over 30 years, there are some services
Dominion will no longer be obligated to provide going forward
if the agreement is approved, including discontinuing the
flight school once REA is up and running. He further stated
increased development in the area also calls into question
the continuing need for a full-service restaurant in the
terminal. He stated about 15 years ago, the Board of
Supervisors had the foresight to develop the north ramp for
future expansion of the airport and four development -ready
pad sites were created for new hangars. He further stated
three of the four pad sites are now leased and this proposal
would lock up the last spot. He stated Dominion's current
hangars are near capacity, and it is in the best interest of
the county for additional hangars to be built so new aircraft
will not relocate elsewhere, costing the county substantial
personal property revenue and fuel sales. He further stated
Dominion is proposing to build a minimum of 10,000 square
foot hangar on pad site 3 to meet their short term needs for
storage, and a 40 -year land lease consistent with past
practices would be granted. He stated the current FBO
agreement with Dominion runs through 2028, noting that in the
aviation world when an FBO makes a significant capital
investment in an airport, additional years are added to the
term of the FBO agreement. He further stated the county
would extend the term of the FBO agreement back out to 30
years if the hangar is built. He stated additional
construction and offices would also be built at the southeast
end of the airport. He further stated the county must
continue to be positioned for immediate development to retain
a competitive edge over similar facilities. He stated staff
believes the ideal layout at the airport would be to
ultimately have one FBO at the north end and one at the south
end for efficiency of operations, noting that this is the
best path forward to make the airport self-sustaining and
meet current and future corporate and general aviation
demands. He stated Dominion is proposing to relocate all its
FBO operations to the southeast ramp upon completion of one
or more southeast ramp hangars and would vacate its
administrative offices at the terminal building. He stated a
40 -year land lease is contemplated and noted that if this
development is approved and total investment exceeds $1.8
million, two five-year options would be added to the 30 -year
FBO agreement. He provided details for the projected timeline
for developing the southeast ramp. He stated the county
stands to gain significant additional revenue through new
land leases, increased fuel flowage fees, increased fuel
volume from the new aircraft that would arrive, additional
personal property taxes from the aircraft, and real estate
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taxes. He further stated additional revenue from approving
the land lease for pad site 3 and extending the FBO services
agreement is estimated at an additional $290,000 annually.
He stated additional revenue from this agreement would help
offset day-to-day operational and debt service expenses and
also can be used to address major maintenance needs and the
county's share of capital improvement projects at the airport
that receive federal and state funding.
Mr. Elswick inquired whether there is any protection for the
county that if Dominion moves its equipment and operations to
the southeast ramp, the county would have the option to
purchase Pad Site 3.
Mr. Zaremba stated Pad Site 3 will meet Dominion's current
short-term needs, but ultimately they may decide they have
enough business to maintain hangar space at both ramps. He
further stated staff has already added other provisions that
do require that the county be offered the first option to
purchase the pad site, so the language Mr. Elswick is
requesting can easily be added.
Mr. Mike Mickel, owner and operator of Dominion Aviation,
stated his company celebrated 35 years in business this year
and is a leading FBO and aircraft management business in Mid -
Atlantic region. He further stated Dominion is the largest
general aviation employer in Central Virginia, with over 70
teammates operating a corporate fleet of 21 aircraft. He
stated Dominion is the only aircraft maintenance facility in
the state that offers five separate factory -authorized
service centers representing major aircraft manufacturers for
small piston -powered aircraft, and it is the only regional
FBO offering a full spectrum of general aviation services
from large corporate jets to helicopters to smaller private
and recreational aircraft. He further stated Dominion is
honored to partner with the county and values its 30 -plus
year relationship, whereby Dominion has acquired a proven
track record in operating its business. He stated Dominion
needs space to accommodate additional aircraft and requested
the county's approval of the additional land lease and FBO
services extension.
Ms. Haley called for public comment.
Mr. William Chandler, a plane owner based at the county
airport since 1980, stated he has trusted Dominion to manage
his plane. He further stated Mr. Mickel and his staff have
great integrity and trustworthiness, as well as a passion for
the business. He encouraged the Board to approve the
additional land lease and FBO services agreement extension
with Dominion.
Mr. Reid Ashe stated he has had an outstanding relationship
with Dominion Aviation. He requested that the Board approve
the additional land lease and FBO services agreement
extension with Dominion.
Mr. Mark Hackett, CEO of Richmond Executive Aviation (REA),
stated he does not support the use of Pad Site 3 by Dominion.
He further stated the county is forcing Dominion to make
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decisions that are not ideal to their organization and
disruptive to REA, by forcing Dominion to construct a hangar
on Pad Site 3, when they are going to make a considerable
investment on the southeast ramp. He stated REA is ready to
build on Pad Site 3 immediately. He urged the Board to
consider delaying a decision on this issue until November to
allow both FBOs the opportunity to work together and present
different viable solutions.
There being no one else to address the issue, the public
hearing was closed.
Mr. Winslow expressed concerns that he did not receive a copy
of the proposed agreement until 11 a.m. today. He expressed
concerns that Section 1.6 does not provide enough definition
regarding the hangars on the southeast ramp and also
regarding the language in Section 7.4 related to a capital
maintenance fee. He stated he did not see a time limit on
when the agreement had to be executed; therefore, he thinks
the Board should deal with both this agreement and the
capital maintenance fee together in November.
Mr. Holland called forward his Airport Advisory Board (AAB)
appointee, Mr. Andrew McEnhimer, and inquired whether the AAB
had reviewed the proposed changes to the FBO agreement.
Mr. McEnhimer stated the AAB has not reviewed the proposal at
this time and it would be helpful to do so to be able to
provide input to the Board of Supervisors.
Mr. Holland stated it is prudent to improve the process
relative to agreements that bind the county, and he is
prepared to request a delay on the consideration of this
agreement until next month.
Ms. Jaeckle stated she recalls that when the Airport Advisory
Board was restructured, contracts were outside of their
purview.
Holland expressed concerns that the county does not utilize
its distinguished board of advisors when it comes to matters
of thousands of dollars that impact the county citizens who
own the airport.
Ms. Haley stated the legal contract was negotiated with
specific terms between county staff, the County Attorney's
office and counsel for Dominion Aviation. She further stated
it is not appropriate to share with citizen members of the
committee who do not have the authority to bind.
Mr. Holland stated he voted against restructuring the AAB and
therefore disagrees that they should not advise the Board of
Supervisors on this agreement. He further stated he has
served on the Capital Region Airport Commission for many
years and everything that is done by Richmond International
Airport comes before the commission.
Mr. Winslow stated Board members have individual advisory
board appointees and speaking with them about general
contract terms could be beneficial to Board members. He
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expressed concerns that he has not had the time to review the
contract and he would like additional time to do so.
In response to Mr. Winslow's concerns relative to the
rationale for the language in Section 7-4 of the amended and
restated FBO services agreement, Mr. Mincks stated the
language deals with fuel flowage fee calculation and provides
that if there is a capital maintenance fee adopted, 4 cents
of that would go toward the fuel flowage fee.
Mr. Zaremba stated Mr. Mickel requested this language for
predictability to protect his bottom line without knowing how
much that capital maintenance fee would be.
Mr. Winslow stated he does not like this and feels the fuel
flowage fee should be one number and the capital maintenance
fee another number. He further stated this artificially
inflates what the Board would have to do on a capital
maintenance fee and it is not transparent.
Mr. Zaremba stated staff can set whatever amount they want as
a capital maintenance fee. He further stated Mr. Mickel also
offered to go with a flat fee of 8 cents if this language is
unacceptable, which is what the market study showed as a
standard fuel flowage fee for comparable airports.
Mr. Winslow stated the Board could approve this agreement as
written and adopt a capital maintenance fee next month, and
then the capital maintenance fee would be entirely swallowed
up by this language.
Mr. Holland stated he does not agree with the language,
indicating it is clear to him that the fee paid by the tenant
shall be reduced by the capital maintenance fee.
Mr. Zaremba stated the language can be substituted with a
flat 8 cents fuel flowage fee.
Mr. Holland stated he is not prepared to vote on this issue
at this time.
Mr. Zaremba stated, not knowing whether a capital maintenance
fee would be implemented, staff wanted to try to get the fuel
flowage fee as high as possible, indicating that the language
does achieve this.
Ms. Haley stated this is what the Board directed staff to do.
She then reminded the Board of the need to suspend the rules
to consider items after 11 p.m.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
suspended its rules to consider items after 11 p.m.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
In response to Mr. Winslow's concerns relative to the
language in Section 1.6 of the amended FBO services
agreement, Mr. Zaremba stated the environmental assessment
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has not yet been done on the southeast ramp and it is unknown
how much space will be available.
Mr. Winslow inquired whether it is better to do this via
square footage as opposed to stating the number of hangars
and making it contingent on the approval of the environmental
analysis.
Mr. Zaremba stated the language suggested by Mr. Winslow
could be added.
Mr. Winslow stated he thinks there should be a commencement
date on the lease prior to the date the Board considers a
capital maintenance fee.
Mr. Zaremba reminded the Board of the short turnaround time
between the October and November meetings, noting that a
similar agreement that was approved in October 2018 was not
signed until January 2019.
Dr. Casey stated the capital maintenance fee could be further
deferred to the December meeting.
Further discussion ensued regarding the proposed fuel flowage
fee decrease under this proposal should the Board implement a
capital maintenance fee.
Ms. Jaeckle made a motion, seconded by Mr. Elswick, for the
Board to approve the land lease and FBO services agreement
extension with Dominion Aviation Services, Inc.
Mr. Holland made a substitute motion, seconded by Mr.
Winslow, for the Board to defer consideration of the land
lease and FBO services agreement extension with Dominion
Aviation Services, Inc. to the November 13th meeting.
Ayes: Winslow and Holland.
Nays: Haley, Elswick and Jaeckle.
Ms. Haley called for a vote on the original motion of Ms.
Jaeckle, seconded by Mr. Elswick, for the Board to approve a
land lease and FBO services agreement extension with Dominion
Aviation Services, Inc., as outlined in the papers of this
Board.
Ayes: Haley, Elswick and Jaeckle.
Nays: Winslow and Holland.
18.B. TO CONSIDER THE ROUTE 1 RESIDENTIAL OVERLAY ORDINANCE
TO PROVIDE FOR HIGH-DENSITY RESIDENTIAL DEVELOPMENT
Mr. Ray Cash stated this date and time has been advertised
for a public hearing for the Board to consider the Route 1
Residential Overlay Ordinance to provide for high-density
residential development. He further stated approximately 400
eligible acres exist within the overlay along the corridor,
and,C-3 and C-5 are the primary zoning districts along the
corridor, mostly adjacent to or backing up to residential
zoned properties. He stated the proposed ordinance would
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create activity along the street by bringing multi -family or
high-density residential developments within the area. He
further stated proposed restrictions in the ordinance include
a minimum of three acres and a maximum of ten acres for the
potential use of high-density residential; allowance for a
smaller 1.5 acres where there is a joint intersection with a
local road; commercial uses on the site would be limited to
C-2; projects would meet the Jefferson Davis Highway Design
District standards; and provisions for setbacks and
improvements along the road. He stated the multi -family
would have a minimum density of 15 dwelling units per acre.
He stated the ordinance provides for multifamily buildings a
minimum of three stories and a maximum of four, with the
exception of parcels with six acres or greater being allowed
up to six stories. He further stated the community has
expressed concerns about all units having the ability to be
six stories. He provided visuals of different types of mixed-
use development that could occur in the area. He stated there
is a potential for homeownership with townhouse projects. He
further stated there is a requirement that staff report back
annually on any type of development that occurs under this
ordinance to show how it is working, as well as provide an
impact report every four years. He stated the Planning
Commission, by unanimous vote, and staff recommend approval.
Ms. Haley called for public comment.
Ms. Renae Eldred, President of the Bensley Civic Association
and a member of the Jefferson Davis Association, requested
that a sunset clause be added to the ordinance. She stated
she would like to see cohesiveness between buildings. She
requested that the three major civic associations and the
Jefferson Davis Association be notified when site plans are
received for the corridor.
Ms. Kim Marble stated the Jefferson Davis Special Area Plan
specified a limitation of four stories for buildings on the
corridor, and the community would like it to remain that way.
She requested that the 10 percent requirement for green space
not include the rooftop exception. She further stated the
community would like assurances that a reasonable number of
affordable housing units in new developments would be
promoted, especially when it is replacing existing affordable
housing. She stated, since the projects may occur over
years, the community would like assurance that architectural
cohesion between the various projects would occur. She
further stated the community would like to have input into
the site plan designs to create something that looks like a
town emerging instead of hodgepodge development. She also
requested that the proposal be reviewed every two years with
community input, or that a sunset clause be put into place.
Mr. Jim Bowling stated the overlay will be a valuable
addition to the Jefferson Davis Special Area Plan, enhancing
the community. He further stated if taller buildings can help
achieve the density needed to encourage revitalization, then
the recommendation of the plan to limit the building height
should be modified to encourage opportunities for
revitalization in ways that were not anticipated when the
plan was originally adopted. He stated the residential
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overlay will encourage reinvestment in the community by
making the community more attractive to investors.
Mr. Phil Cunningham, President of the Jefferson Davis
Association, expressed concerns relative to allowing six -
story building and green space on rooftops, indicating that
he would much rather see the green space on the ground. He
expressed appreciation to Mr. Cash, Planning Commissioner Gib
Sloan and Ms. Jaeckle for their efforts with both the
Jefferson Davis Corridor Special Area Plan and the overlay
ordinance.
There being no one else to address the issue, the public
hearing was closed.
In response to Ms. Jaeckle's questions regarding building
height, Mr. Dan Cohen, Director of Community Enhancement,
stated there are currently six sites along the 2.5 -mile
corridor that meet the six or more acres threshold for taller
buildings. He further stated in order to develop a six -story
building there must be a concrete pad, which is very costly,
indicating that he does not see that kind of investment being
made on the corridor due to the cost of construction.
In response to Ms. Jaeckle's questions, Mr. Cash reviewed the
provisions for design elements, including a first -floor
masonry design; a four-sided design so that no part of a
fagade can be inferior to the others; and the limits the
county has upon design in part from the inability to limit
use of materials under State Code. He stated no defining
character was established with the Jefferson Davis Corridor
Plan, so there could be different designs for different
areas; however, staff will work with developers during site
planning regarding the design elements. He noted that you do
not want every building along the corridor to look the same.
He stated the ordinance does require that there be the same
design character within a project itself. He stated staff
could make it a policy to notify community representatives as
site plans are submitted.
Mr. Holland expressed concerns relative to displacing people
along the corridor who already have affordable housing for
new projects. He stated incorporation of a sunset clause is a
valid consideration.
Ms. Jaeckle stated the committee that suggested the review
after four years has worked very hard. She stressed the
importance of creating a balance between community input
without destroying what has been recommended by the
committee.
Mr. Cohen stated density bonuses are not permitted by state
law and he hopes that through the performance grants staff
will be able to negotiate a certain amount of affordable
housing with developers. He noted that the performance
grants must be approved by the Board of Supervisors.
Mr. Holland inquired whether it is prudent or feasible to
review the impact every two years rather than four years.
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Mr. Gillies stated reviewing the impact every two years would
not give developers sufficient time to think through
projects. He further stated the four-year review represents
a passive sunset.
Mr. Elswick stated the county has been talking about
revitalization of the Jefferson Davis Corridor for longer
than he can remember, and it is time for the Board to make
bold decisions to get it moving.
In response to Mr. Winslow's question, Chief Senter stated
Fire and EMS has no concerns with 6 -story buildings. He
further stated the department has very good coverage in that
area and a 6 -story building would have to be sprinkled,
making it safer than a single-family dwelling.
Ms. Jaeckle stated a six -story building would be a sign of
success. She further stated there is not one answer for
affordable housing, and the county is going to have to be
very creative with all of the tools afforded to them to
assist with this issue.
Ms. Jaeckle then made a motion, seconded by Mr. Elswick, for
the Board to adopt the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND
REENACTING SECTIONS 19.1-53 & 19.1-378 OF THE ZONING
ORDINANCE RELATIVE TO ROUTE 1 RESIDENTIAL OVERLAY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19.1-53 & 19.1-378 of the Code of the
County of Chesterfield, 1997, as amended, are amended and re-
enacted, to read as follows:
Chapter 19.1
ZONING
Those uses listed as "R" or "RS" in Table 19.1-52.A. shall
be permitted in the respective zoning districts provided
that the restrictions as outlined below are met. If the
restrictions cannot be met, the use may be allowed in the
respective zoning district through either a Conditional
Use or Special Exception.
•t•
1. C-3, C-5 District
a. Property was zoned C-3 or C-5 after April 11, 1989
and prior to May 24, 2006;
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b. Minimum size of project incorporating multifamily
uses is 67 gross acres;
c. Maximum of 30 percent of the gross acreage zoned
C-3 or C-5 of the project is used for multifamily
and townhouse uses;
d. Use is incorporated into an integrated schematic
plan;
e. Use complies with the requirements of the R -MF
Zoning District, except that density may be
increased to 14 units per acre; and
f. Construction has begun on a minimum of 50 percent
of the gross project area devoted to
nonresidential uses.
2. C-3, C-5 Districts:
a. Project fronts Jefferson Davis Highway north of
Osborne Road and property is recommended for
Neighborhood Business, Community Business,
Suburban Residential II, Residential Mixed Use or
Community Mixed Use in the Comprehensive Plan;
b. Use is located within 500 feet of Jefferson Davis
Highway, this would not preclude accessory parking
or buildings from extending beyond the 500 feet;
c. Project has a minimum of 100 feet of contiguous
frontage along Jefferson Davis Highway;
d. Project size is no less than 3 acres and no more
than 10 acres, provided that projects of 1.5 acres
shall be permitted if located at the intersection
of a local road with Jefferson Davis Highway;
e. Minimum density is 15 dwelling units per acre;
f. In addition to buffers required by Table.19.1-
263.A.1.b., where use is located adjacent to an
occupied C or I property outside of project, a
buffer shall be provided between use and the
adjacent property as required between the
applicable C or I district and a R -MF zoning
district;
g. Project meets Northern Jefferson Davis Highway
Design District (NJDHDD) standards as identified
in Sec. 19.1-379 except as otherwise stated within
this subsection;
h. For projects containing less than 6 acres,
buildings shall be a minimum of 3 stories and a
maximum of 4 stories. For projects 6 acres or
more, buildings shall be a minimum of 3 stories
and a maximum of 6 stories. In no case shall the
height of a building exceed 3 stories or 40 feet
within 100 feet of MH or R districts;
i. The greater of 50 square feet per residential unit
or 10 percent of total project area shall be
provided as hardscaped or landscaped common area.
Up to 50 percent of required common area may
include rooftop garden space where such space is
commonly accessible to, and provides activity
space for, residents;
j. At least 50 percent of residential units located
above ground floor shall have a usable balcony
consisting of a minimum area of 5 feet by 8 feet;
k. Buildings shall be designed to impart harmonious
proportions and avoid monotonous facades or large
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bulky masses. Buildings containing multifamily
units shall possess architectural variety while at
the same time have an overall cohesive urban
character. Design elements such as, but not
limited to, balconies, terraces, articulation of
doors and windows, sculptural or textural relief
of facades, architectural ornamentation, varied
rooflines, other appurtenances such as lighting
fixtures and plantings may be used to achieve
desired design;
1. The first floor of a building directly fronting
Jefferson Davis Highway shall meet applicable
commercial building code requirements so as to
provide for flexibility to accommodate commercial
uses. The first floor of a building directly
fronting a road shall be on grade with such road
and have a minimum of 12 foot ceilings, or a
higher standard if required by code, where
fronting Jefferson Davis Highway. This is not
intended to preclude the use of an interior
elevated floor design for residential uses to
provide privacy;
m. In addition to requirements of the NJDHDD,
architecture for buildings containing dwellings
shall employ masonry at least to top of first
floor on all facades visible from a road;
n. Commercial uses in the project are limited to
those permitted in a C-2 district, excluding
automobile accessory store, automobile rental,
automobile self service station and automobile
self service station, unmanned;
o. Views of parking areas shall be minimized from
public rights of way and/or single family
residential properties via a building,
landscaping, architectural walls and/or decorative
fencing; and
p. Administrative site plan review times shall be in
accordance with Sec.19.1-30 with the exception
that initial review for such projects shall not be
acted upon any sooner than 21 days from the latter
of the date of required sign posting or written
notification sent.
3. C-4 District:
a. Property was zoned C-4 after April 11, 1989 and
prior to May 24, 2006;
b. Minimum size of a project incorporating
multifamily uses is 67 gross acres;
C. Maximum of 30 percent of the gross acreage zoned
C-4 of the project is used for multifamily and
townhouse uses;
d. Use is incorporated into an integrated schematic
plan;
e. Use complies with the requirements of the R -MF
Zoning District, except that density may be
increased to 18 units per acre or 25 units per
acre with the provision of deck or underground
parking; and
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f. Construction has begun on a minimum of 50 percent
of the gross project area devoted to
nonresidential uses.
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1. C-3, C-5 Districts:
a. Project in which located fronts Jefferson Davis
Highway north of Osborne Road and is recommended
for Neighborhood Business, Community Business,
Suburban Residential II, Residential Mixed Use or
Community Mixed Use in the Comprehensive Plan;
b. Use shall not directly front upon Jefferson Davis
Highway, this shall not preclude fronting upon a
local road, provided that in all instances a
permitted use shall be located between townhouse
buildings and Jefferson Davis Highway;
C. Project has a minimum of 100 feet of contiguous
frontage along Jefferson Davis Highway;
d. Commercial uses in project are limited to those
permitted in a C-2 district, excluding automobile
accessory store, automobile rental, automobile
self service station and automobile self service
station, unmanned;
e. Project size is no less than 3 acres and no more
than 10 acres;
f. Minimum density is 10 dwelling units per acre;
g. 100 of project acreage is provided as recreational
area for residents, having active and passive
facilities as deemed appropriate during plan
review;
h. In addition to buffers required by Table.19.1-
263.A.1.b., where use is located adjacent to an
occupied C or I property outside of project, a
buffer shall be provided between use and the
adjacent property as required between the
applicable C or I district and a R-TH zoning
district;
i. Project meets Northern Jefferson Davis Highway
Design District (NJDHDD) standards as identified
in Sec.19.1-379 except as otherwise stated within
this subsection;
j. Buildings may be up to 4 stories or 50 feet,
whichever is less, provided that if within 100
feet of MH or R district the height shall not
exceed three stories or 40 feet;
k. Buildings shall be designed to impart harmonious
proportions and avoid monotonous facades or large
bulky masses. Townhouse buildings shall possess
architectural variety while at the same time have
an overall cohesive urban character. Design
elements such as, but not limited to, balconies,
terraces, articulation of doors and windows,
sculptural or textural relief of facades,
architectural ornamentation, varied rooflines,
other appurtenances such as lighting fixtures and
plantings may be used to achieve desired design;
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1. Excluding the incorporation of storefront windows,
buildings containing dwellings shall comply with
architectural requirements of the NJDHDD and
employ masonry materials on all facades visible
from a road;
M. Garages shall be rear loaded and shall be accessed
via private pavement. Garage doors shall not face
any road or parking serving commercial use on
property that is open to the public;
n. Views of parking areas shall be minimized from
public rights of way and/or single family
residential properties via a building,
landscaping, architectural wall and/or decorative
fencing.
o. View of uses in alleys shall be minimized from
roads and private pavement, other than alleys,
with a wall, maintenance -free fence, or building
design. Utilized walls and fencing shall be of
comparable material and design to that of the
townhouses; and
P. Excluding fencing in n. and o. above, where
fencing is utilized on a lot it shall be
constructed of decorative maintenance -free
material. Chain link or wood fencing shall not be
permitted.
2. C-3, C-4, C-5 Districts:
a. Property was zoned C-3, C-4 or C-5 after April 11,
1989 and prior to May 24, 2006;
b. Minimum size of a project incorporating R-TH uses
is 34 gross acres;
C. Maximum of 30 percent of the gross acreage zoned
C-3, C-4 or C-5 of the project is used for
multifamily and townhouse uses;
d. Uses is incorporated into an integrated schematic
plan;
e. Use complies with the requirements of the R-TH
Zoning District; and
f. Construction has begun on a minimum of 50 percent
of the gross project area devoted to non-
residential uses.
M•
C. Other Required Conditions.
000
11. Deck Parking. Deck parking structures shall have
permitted residential, commercial or office uses
located along the ground floor or be located behind
another building located on the lot.
000
That this ordinance shall become effective immediately after
adoption.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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18.C. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC
ON WOODS EDGE ROAD AND LAWING DRIVE
Mr. Brent Epps stated this date and time has been advertised
for a public hearing for the Board to consider the
restriction of through truck traffic on Woods Edge Road and
Lawing Drive. He further stated on July 24th, the Board
adopted a resolution requesting that VDOT restrict through
truck traffic from using Woods Edge Road between Ruffin Mill
Drive and Lawing Drive. He stated VDOT subsequently informed
the Transportation Department that the route should be
expanded to include Lawing Drive as well as the section of
Woods Edge Road between Lawing Drive and Ramblewood Drive and
that a new public hearing should be held on the revised
route. He further stated staff recommends approval.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Board of Supervisors
received a request to restrict any through truck or truck and
trailer or semi -trailer combination except pickup or panel
trucks from using Woods Edge Road and Lawing Drive from
Ruffin Mill Road to Ramblewood Drive and Old Bermuda Hundred
Road; and
WHEREAS, the recommended alternate route is Woods Edge
Road, Interstate 95, Route 10, Jefferson Davis Highway, Old
Bermuda Hundred Road, and Ramblewood Drive; and
WHEREAS, Chesterfield County will use its good offices
for enforcement of the proposed restriction; and
WHEREAS, the Board has conducted a public hearing on the
restriction.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors requests the Virginia Department of
Transportation to restrict through truck traffic on Woods
Edge Road and Lawing Drive from Ruffin Mill Road to
Ramblewood Drive and Old Bermuda Hundred Road.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
18.D. TO CONSIDER AMENDMENTS TO COUNTY CODE SECTION 4-3
REGARDING WILD AND EXOTIC ANIMALS AND PROVIDING FOR A
PENALTY
Mr. Jeff Mincks stated this date and time has been advertised
for a public hearing for the Board to consider amendments to
County Code Section 4-3 regarding wild and exotic animals and
providing for a penalty.
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Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Ms. Jaeckle, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 4-3 RELATING TO
WILD OR EXOTIC ANIMALS AND PROVIDING FOR A PENALTY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 4-3 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Chapter 4. ANIMALS AND POULTRY
ARTICLE III. ANIMALS
DIVISION 1. GENERAL PROVISIONS
Sec. 4-3. Wild or exotic animals.
(a) A wild or exotic animal means any (i) live monkey
(nonhuman primate), raccoon, skunk, wolf, squirrel, fox,
leopard, panther, tiger, lion, lynx or any other warm-
blooded mammal, (ii) poisonous or venomous snake, (iii)
tarantula, (iv) other poisonous or venomous animal
normally found in the wild, or (v) any member of the
crocodilian family including, but not limited to,
alligators, crocodiles, caimans, and gavials.
Nonpoisonous or nonvenomous snakes, ferrets, rabbits,
laboratory rats, gerbils, hamsters and other similar
small mammals, and other domesticated animals which have
been bred in captivity are not wild or exotic animals.
(b) No person shall keep or permit to be kept on his
premises any wild or exotic animal as a pet, for
display, or for exhibition purposes, whether
gratuitously or for a fee. This prohibition shall not
apply to performing animal exhibitions, circuses,
veterinary clinics, or indoor/outdoor recreational
facilities which have proper zoning and licenses from
the government; provided however, that no person shall
exhibit or display any wild or exotic animal in a manner
so that persons other than their handlers can pet,
fondle or come in direct physical contact with them.
(c) The owner of any wild or exotic animal as defined in
subsection (a), found to be running, roaming, or
otherwise at large off of the owner's property shall
reimburse the county for its actual costs incurred,
including without limitation the actual cost of the time
expended by the animal warden, deputy animal warden or
other county personnel, in locating and capturing or
otherwise disposing of the animal.
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(d) Nature centers, refuges or parks owned or operated by
the federal, state or local government are exempt from
this section.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
18.E. TO CONSIDER THE FY2021 AND FY2022 TRANSPORTATION
ALTERNATIVES ROUTE 1 AT MARINA DRIVE HAWK SIGNAL
PROJECT
Mr. Brent Epps stated this date and time has been advertised
for a public hearing for the Board to consider the FY2021 and
FY2022 Transportation Alternatives Route 1 at Marina Drive
HAWK Signal Project. He further stated on June 26, the Board
held a public hearing and adopted resolutions to request VDOT
approval and guarantee the local match for the following
FY2021 and FY2022 transportation projects: Courthouse Road
Trail Project; and Route 1 Sidewalk and Bike Improvements
Project. He stated subsequent to that public hearing, VDOT
asked localities to considering submitting additional
Transportation Alternatives project applications for projects
that were considered for federal safety funds but were not
selected for that funding. He further stated one of these
projects is the Route 1 at Marina Drive HAWK Signal,
estimated at $476,000, which involves installation of a
pedestrian actuated signal that will stop vehicular traffic
on Route 1, allowing pedestrians to cross. He stated the
project supports the county's effort to add bicycle and
pedestrian facilities along Route 1.
Ms. Haley called for public comment.
Ms. Renae Eldred requested that the Board look at where the
HAWK signal will be placed because she does not think it
would be used at the location the Transportation Department
is considering and she foresees traffic accidents happening
at that location.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution supporting the Route 1 at
Marina Drive HAWK Signal Project for the FY2021 and FY2022
Transportation Alternatives Program (TAP) projects:
WHEREAS, it is necessary that the local governing body
request, by resolution, approval of a proposed transportation
alternatives project.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County requests the Commonwealth
Transportation Board provide funding for the Route 1 at
Marina Drive HAWK Signal project.
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AND, BE IT FURTHER RESOLVED that the Board hereby agrees
to pay 20 percent of the total estimated cost of $95,200 for
construction of the Route 1 at Marina Drive HAWK Signal
project.
And, further, the Board, upon approval by VDOT, appropriated
up to $476,000 in anticipated VDOT reimbursement, and
transferred up to $95,200 in county appropriations for local
match funds.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
18.F. TO CONSIDER AN ORDINANCE TO VACATE THE PUBLIC EASEMENT
OR RIGHT OF PASSAGE OVER JAMES STREET AND BYRD STREET
WITHIN PART OF "ORANGE HILL" AND TO CONSIDER THE
EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF THE
FEE SIMPLE INTEREST OF JAMES STREET AND BYRD STREET
Mr. John Harmon stated this date and time has been advertised
for a public hearing for the Board to consider an ordinance
to vacate the public easement or right of passage over James
Street and Byrd Street within Part of "Orange Hill" and to
consider the exercise of eminent domain for the acquisition
of the fee simple interest of James Street and Byrd Street.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
adopted the following ordinance to vacate the public easement
or fight of passage over James Street and Byrd Street:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, R.H. HOWLETT, W.E. HOWLETT, BESSIE V.
HOWLETT, H.L. HOWLETT, E.M. HOWLETT, ANNIE P.
HOWLETT, ELEANOR M. DAVIS, MABLE L. McCOMBIE
("GRANTOR") vacates to the COUNTY OF CHESTERFIELD,
VIRGINIA ("GRANTEE"), the public easement or right
of passage over James Street and Byrd Street within
Part of "Orange Hill" Subdivision, Matoaca
Magisterial District, Chesterfield County,
Virginia, as shown on a plat thereof duly recorded
in the Clerk's Office, Circuit Court, Chesterfield
County, Virginia in Plat Book 5, at Page 92.
WHEREAS, the Board of Supervisors of Chesterfield
County, Virginia, has been requested to vacate the public
easement or right of passage over James Street and Byrd
Street within Part of "Orange Hill" Subdivision, Matoaca
Magisterial District, Chesterfield County, Virginia, more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 5, Page 92,
by Carter R. Bishop C. P. E. and T. V. Payne Ass't E., dated
June 18, 1930. The public easement or right of passage
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easement requested to be vacated is more fully described as
follows:
The public easement or right of passage over James
Street and Byrd Street within Part of "Orange Hill"
Subdivision, the location of which is more fully
shown on a plat of record in the Clerk's Office of
the Circuit Court of said County in Plat Book 5,
Page 92, by Carter R. Bishop C. P. E. and T. V.
Payne Asst E., dated June 18, 1930, a copy of
which is attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the public easement or right of passage sought to be
vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid public easement or
right of passage be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's- Office,
Circuit Court, Chesterfield County, Virginia pursuant to
Section 15.2-2272 of the Code of Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vacate
the public easement or right of passage over James Street and
Byrd Street and James Street and Byrd Street shall be free
and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the GRANTOR and GRANTEE, or their successors in
title.
And, further, the Board authorized the exercise of eminent
domain for the acquisition of the fee simple interest of
James Street and Byrd Street from the unknown heirs of Mable
L. McCombie for the replacement sites for Ettrick Elementary
School and Fire and EMS Station 12, including the filing of a
certificate of deposit prior to the commencement of eminent
domain proceedings.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays:.None.
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18.G. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A
FIFTY -FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS
RUTLEDGE AVENUE WITHIN ORANGE HILL SUBDIVISION
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance to
vacate a portion of a 50 -foot unimproved county right of way
known as Rutledge Avenue within Orange Hill Subdivision.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to COUNTY OF
CHESTERFIELD, VIRGINIA ("GRANTEE"), a portion of a
50' unimproved county right of way known as
Rutledge Avenue within Orange Hill Subdivision,
MATOACA Magisterial District, Chesterfield County,
Virginia, as shown on a plat thereof duly recorded
in the Clerk's Office, Circuit Court, Chesterfield
County, Virginia in Plat Book 4, at Pages 66-67.
WHEREAS, CHESTERFIELD COUNTY PUBLIC SCHOOLS petitioned
the Board of Supervisors of Chesterfield County, Virginia to
vacate a portion of a 50' unimproved county right of way
known as Rutledge Avenue within Orange Hill Subdivision,
MATOACA Magisterial District, Chesterfield County, Virginia
more particularly shown on a plat of record in the Clerk's
Office of the Circuit Court of said County in Plat Book 4,
Pages 66-67, by Carter R. Bishop C.P.E., dated May 26, 1925,
recorded July 2, 1925. The right of way petitioned to be
vacated is more fully described as follows:
A portion of a 50' unimproved county right of way
known as Rutledge Avenue (erroneously labeled
Rutledge Street on the below mentioned plat) within
Orange Hill Subdivision, the location of which is
more fully shown and labeled "PORTION OF RIGHT-OF-
WAY TO BE VACATED (12,511 SQ. FT.) 0.287 AC." on a
plat by Timmons Group, dated June 6, 2019, a copy
of which is recorded in the Clerk's Office, Circuit
Court, Chesterfield County, Virginia in Plat Book
269 Page 32.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of right of way sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
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That pursuant to Section 1.5.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid right of way be and
is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office,
Circuit Court, Chesterfield County, Virginia pursuant to
Section 15.2-2272 of the Code of Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the portion of right of way hereby
vacated in the adjoining property owners free and clear of
any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the GRANTOR and GRANTEE, or their successors in
title.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
18.H. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A TREE
CANOPY EASEMENT ACROSS LOT 39 AND A PORTION OF A
FIFTEEN -FOOT DRAINAGE EASEMENT ACROSS LOTS 39, 40 AND
41, BROADMOOR NORTH, SECTION 1
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance to
vacate a portion of a tree canopy easement across Lot 39 and
a portion of a 15 -foot drainage easement across Lots 39, 40
and 41, Broadmoor North, Section 1.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to W.V. McCLURE INC.
t/a Main Street Homes, a Virginia corporation and
WESTERLEIGH FC, LLC, a Virginia limited liability
company, ("GRANTEE"), a portion of a tree canopy
preservation area easement across Lot 39 and a
portion of a 15' drainage easement across Lots 39,
40 and 41, Broadmoor North, Section 1 and a
Resubdivision of Otterdale Park, Block B, Lots 1-4,
including 4900 and 4908 Otterdale Road, MATOACA
Magisterial District, Chesterfield County,
Virginia, as shown on a plat thereof duly recorded
in the Clerk's Office, Circuit Court, Chesterfield
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County, Virginia in Plat Book 254, at Pages 53 and
54.
WHEREAS, MAIN STREET HOMES and WESTERLEIGH FC, LLC,
petitioned the Board of Supervisors of Chesterfield County,
Virginia to vacate a portion of a tree canopy preservation
area easement across Lot 39 and a portion of a 15' drainage
easement across Lots 39, 40 and 41, Broadmoor North, Section
1 and a Resubdivision of Otterdale Park, Block B, Lots 1 - 4,
including 4900 and 4908 Otterdale Road, MATOACA Magisterial
District, Chesterfield County, Virginia more particularly
shown on a plat of record in the Clerk's Office of the
Circuit Court of said County in Plat Book 254, Pages 53 and
54, by AES Consulting Engineers, dated September 5, 2017 and
recorded March 28, 2018. The portions of easements
petitioned to be vacated is more fully described as follows:
A portion of a tree canopy preservation area
easement across Lot 39 and a portion of a 15'
drainage easement across Lots 39, 40 and 41,
Broadmoor North, Section 1 and a Resubdivision of
Otterdale Park, Block B, Lots 1 - 4, including 4900
and 4908 Otterdale Road, the location of which is
more fully shown on a plat made by AES Consulting
Engineers, dated October 8, 2018, a copy of which
is attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portions of easements sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portions of
easements be and are hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office,
Circuit Court, Chesterfield County, Virginia pursuant to
Section 15.2-2272 of the Code of Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portions of the plat vacated. This Ordinance shall vest
fee simple title to the portions of easements hereby vacated
in the property owners of Lots 39, 40 and 41, within
Broadmoor North, Section 1 and a Resubdivision of Otterdale
Park, Block B, Lots 1 - 4, including 4900 and 4908 Otterdale
Road free and clear of any rights of public use.
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Accordingly, this Ordinance shall be indexed in the
names of the GRANTOR and GRANTEE, or their successors in
title.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
18.I. TO CONSIDER AN ORDINANCE TO VACATE A SIXTEEN -FOOT
DRAINAGE EASEMENT ACROSS LOT 26, WINDERMERE, SECTION D
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance to
vacate a 16 -foot drainage easement across Lot 26, Windermere,
Section D.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to JOE LASLO and
CHRISTINE DEVIVO, ("GRANTEE"), a 16' drainage
easement across Lot 26, Windermere Subdivision,
Section D, DALE Magisterial District, Chesterfield
County, Virginia, as shown on a plat thereof duly
recorded in the Clerk's Office, Circuit Court,
Chesterfield County, Virginia in Plat Book 245,
Page 68-71.
WHEREAS, Joe Laslo and Christine Devivo petitioned the
Board of Supervisors of Chesterfield County, Virginia to
vacate a 16' drainage easement across Lot 26, Windermere
Subdivision, Section D, DALE Magisterial District,
Chesterfield County, Virginia more particularly shown on a
plat of record in the Clerk's Office of the Circuit Court of
said County in Plat Book 245, Pages 68-71, by Balzer and
Associates, Inc., dated February 10, 2017. The easement
petitioned to be vacated is more fully described as follows:
A 16' drainage easement, across Lot 26, Windermere
Subdivision, Section D, the location of which is
more fully shown on a plat made by McKnight &
Associates, dated June 27, 2019, a copy of which is
attached hereto and made a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
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That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid easement be and is
hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office,
Circuit Court, Chesterfield County, Virginia pursuant to
Section 15.2-2272 of the Code of Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the easement hereby vacated in the
property owner of Lot 26, within Windermere Subdivision,
Section D, free and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the GRANTOR and GRANTEE, or their successors in
title.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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
There were no requests to speak at this time.
21. ADJOURNMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adjourned at 11:49 p.m. until November 13, 2019, at 2:00 p.m.
for a work session in Room 502.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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