2022-10-26 Minutes
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BOARD OF SUPERVISORS
MINUTES
October 26, 2022
Supervisors in Attendance:
Mr. Christopher M. Winslow, Chair
Mr. James M. Holland, Vice Chair
Mr. James A. Ingle, Jr.
Mr. Kevin P. Carroll
Ms. Tara C. Carroll
Dr. Joseph P. Casey
County Administrator
Mr. Winslow called the meeting to order at 2:00 p.m.
1. APPROVAL OF MINUTES
On motion of Mr. Holland, seconded by Mr. Ingle, the Board
approved the minutes of August 24, 2022, as submitted.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
There were no requests to postpone agenda items and additions,
deletions or changes in the order of presentation.
3. WORK SESSIONS
3.A. EVERYDAY EXCELLENCE
Dr. Casey announced that for the 37th year the Government
Finance Officers Association has bestowed Chesterfield with
its Distinguished Budget Presentation Award for FY2022, and
the GFOA has named Chesterfield as a “Triple Crown” award
winner for FY2020, a significant achievement recognizing
governments that have received three specific GFOA awards,
including the Certificate of Achievement for Excellence in
Financial Reporting, the Popular Annual Financial Reporting
Award, and the Distinguished Budget Presentation Award for a
fiscal year. He then recognized Ms. Consuela Wilson, Accounting
Director, and Mr. Gerard Durkin, Budget and Management
Director, for their achievements.
Board members congratulated members of the Accounting and
Budget and Management Department for their achievements.
3.B. FIRE AND EMERGENCY MEDICAL SERVICES ANNUAL UPDATE
Chief Loy Senter provided an update to the Board of Supervisors
on various initiatives and fire and emergency medical services
trends over the past fiscal year. He stated as the Fire and
EMS Department continues to grow, and members retire or
otherwise move on to a new chapter in their lives, recruitment
and retention has become a constant organizational focus. He
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further stated over the past year, staff has worked closely
with the County’s Communications and Media Department on a new
and improved recruitment campaign through social media,
television, and radio. He stated the recruitment team has
visited numerous colleges and universities, worked with the
military, and attended many job fairs throughout the community.
He was pleased to report that the many positive effects of the
new Public Safety Pay Plan continue to keep retirements of
veteran department members low. However, the total turnover
rate ticked up to 5.7 percent during FY2022 and is already at
2.4 percent through the 1st Quarter of FY2023, driven mostly by
employment separations among less-tenured firefighters. He
stated the leading reasons for separation over the past year
include pursuit of a different occupation – often with a more
stable work schedule that will provide improved work/life
balance; leaving to join another fire department; or for
reasons of poor performance or disciplinary actions. He noted
FY2022 was a very busy year for Fire and EMS incidents, with a
year-over-year increase in total incidents of 10.8 percent and
an 18.9 percent increase over the previous 5-year period. He
stated considering incident trends during the 1st Quarter of
FY2023, the department is on track to approach 52,000 total
incidents by the end of the current fiscal year. He stated a
notable change from the previous year’s heat map is the
increasing call density to the west along Route 360 with
continued growth in the Magnolia Green and Harper’s Mill
communities. He noted fire station response districts
experienced a 10.9 percent increase in incidents on average,
year-over-year. In closing, he stated while the focus over the
next five budget cycles will be on improving minimum staffing
coverage and replacing or renovating outdated fire stations,
we should begin discussions in the coming years as to when and
where the next new fire stations will need to be built to keep
up with population growth and service demand increases.
Discussion and questions ensued relative to the presentation.
3.C. LEGISLATIVE AGENDA UPDATE
Ms. Natalie Spillman, Intergovernmental Relations
Administrator, provided an update to the Board of Supervisors
relative to an overview of the legislative backdrop for the
state and the county, including outcomes from the recent
redistricting. Regarding Virginia’s political landscape, she
stated the 2022 General Assembly session there was a political
shift to republican control for Governor, Lt. Governor,
Attorney General and House of Delegates; whereas, the Senate
remains in democratic control; in a good fiscal position with
FY22 year-end $3.2 billion surplus; Senate (40 seats) and House
of Delegates (100 seats) are up for election November 2023
with majority of control in both chambers on the ballot; and
as a result of redistricting, 46 House members affected and 20
Senate members affected. Regarding Chesterfield’s political
landscape, she stated the current Senate and House of Delegates
members remain in effect for the 2023 General Assembly session.
As a result of redistricting, she noted the November 2023
ballot will look a little different; moving from three to two
senate seats, maintaining seven delegate districts; all
district numbers changing; and newly elected house and senate
members seated January 2024.
Discussion and questions ensued relative to the presentation.
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3.D. ECONOMIC DEVELOPMENT UPDATE
Mr. John Cogbill, Chair of the Economic Development Authority
(EDA) provided details to the Board of Supervisors relative to
the recent success of economic development within the county.
The EDA works in conjunction with the Department of Economic
Development to help create new jobs, expand the tax base and
diversify the economy of Chesterfield County.
Mr. Garrett Hart, Director of Economic Development, provided
the Board of Supervisors with an overview of the programs and
operations of the Economic Development Department. He stated
Chesterfield County registered the largest nominal increase
among all 133 jurisdictions throughout Virginia. He further
stated the labor force continues to grow while the unemployment
rate continues to fall. He stated Chesterfield County is home
to an expanding list of large companies and small businesses.
The local economy continues to grow with frequent announcements
about expansions or new facilities. Among the many other
advantages of doing business in Chesterfield are local and
state economic development incentive programs, a variety of
workforce services programs and an overall low cost of
living and doing business. He noted mixed-use projects are the
key to attracting a talented workforce. He then reviewed
tourism figures and their relation to hotel occupancy and room
revenue. In closing, he highlighted various new investments,
projects and jobs created in FY2021-FY2022, as well as
Chesterfield EDA current projects.
Discussion and questions ensued relative to the presentation.
3.E. CONSENT AGENDA HIGHLIGHTS
Mr. Jesse Smith, Deputy County Administrator, updated the board
on various consent agenda highlights being proposed this
evening which include various District Enhancement Capital
Improvement Funds per district; public hearings and grants
relative to Set Public Hearings for November 16, 2022 for
Genito/288 Special Focus Area Plan and Eminent Domain for
Lakeview/Branders Bridge and Woods Edge Road; as well as the
BJA Connect and Protect Grant, Assistance to Firefighters
Grant, and Governor’s Ag and Forestry Development Fund and
award for construction contracts for Chesterfield Airport
Terminal Apron, the Horner Park Restrooms, Harrowgate Park
Phase 3, and Proctors Creek Wastewater Treatment Plant.
Mr. Holland requested additional information relative to
ongoing projects in various departments.
4. REPORTS
4.A. REPORT OF PLANNING COMMISSION’S SUBSTANTIAL ACCORD
DETERMINATION FOR CHESTERFIELD COUNTY PARKS &
RECREATION (CASE22SA0002) TO PERMIT A NEIGHBORHOOD
PARK (FICKE PARK) IN A RESIDENTIAL (R-7) DISTRICT
LOCATED IN THE DALE DISTRICT
4.B. DISTRICT IMPROVEMENT FUNDS (DIF) MONTHLY REPORT
The Board accepted the Report of Planning Commission’s
Substantial Accord Determination for Chesterfield County Parks
& Recreation (Case22SA0002) to Permit a Neighborhood Park
(Ficke Park) in a Residential (R-7) District Located in the
Dale District and the Monthly Report on District Improvement
Funds.
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5. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
6. CLOSED SESSION 1) PURSUANT TO 2.2-3711(A)(1), CODE OF
VIRGINIA, 1950, AS AMENDED, RELATING TO THE PERFORMANCE
OF THE COUNTY ADMINISTRATOR, THE COUNTY ATTORNEY, THE
CLERK TO THE BOARD OF SUPERVISORS, AND THE CHIEF OF
POLICE, 2) PURSUANT TO § 2.2-3711(A)(5), CODE OF
VIRGINIA, 1950, AS AMENDED, TO DISCUSS OR CONSIDER
PROSPECTIVE BUSINESSES OR INDUSTRIES OR THE EXPANSION
OF EXISTING BUSINESSES OR INDUSTRIES WHERE NO PREVIOUS
ANNOUNCEMENT HAS BEEN MADE OF THE BUSINESSES’ OR
INDUSTRIES’ INTEREST IN LOCATING OR EXPANDING THEIR
FACILITIES IN THE COMMUNITY, 3) PURSUANT TO § 2.2-
3711(A)(3), CODE OF VIRGINIA, 1950, AS AMENDED, TO
DISCUSS THE ACQUISITION BY THE COUNTY OF REAL ESTATE
FOR A PUBLIC PURPOSE, OR THE DISPOSITION OF PUBLICLY
HELD REAL PROPERTY, WHERE DISCUSSION IN AN OPEN MEETING
WOULD ADVERSELY AFFECT THE BARGAINING POSITION AND
NEGOTIATING STRATEGY OF THE PUBLIC BODY, AND 4)
PURSUANT TO 2.2- 3711(A)(8), CODE OF VIRGINIA, 1950 AS
AMENDED, FOR CONSULTATION WITH THE COUNTY ATTORNEY ON A
SPECIFIC LEGAL MATTER CONCERNING COUNTY PERSONNEL
POLICIES, THE VIRGINIA FREEDOM OF INFORMATION ACT AND
THE GOVERNMENT DATA COLLECTION AND DISSEMINATION
PRACTICES ACT, CHAPTER 38, TITLE 2.2, CODE OF VIRGINIA,
1950 AS AMENDED
On motion of Mr. Holland, seconded by Mr. Ingle, the Board went
into closed session 1) Pursuant to 2.2-3711(A)(1), Code of
Virginia, 1950, as Amended, Relating to the Performance of the
County Administrator, the County Attorney, the Clerk to the
Board of Supervisors, and the Chief of Police, 2) Pursuant to
§ 2.2-3711(A)(5), Code of Virginia, 1950, as Amended, to
Discuss or Consider Prospective Businesses or Industries or
the Expansion of Existing Businesses or Industries Where No
Previous Announcement Has Been Made of the Businesses’ or
Industries’ Interest in Locating or Expanding Their Facilities
in the Community, 3) Pursuant to § 2.2-3711(A)(3), Code of
Virginia, 1950, as Amended, to Discuss the Acquisition by the
County of Real Estate for a Public Purpose, or the Disposition
of Publicly Held Real Property, Where Discussion in an Open
Meeting Would Adversely Affect the Bargaining Position and
Negotiating Strategy of the Public Body, and 4) Pursuant to
2.2- 3711(A)(8), Code of Virginia, 1950 as Amended, for
Consultation with the County Attorney on a Specific Legal
Matter Concerning County Personnel Policies, the Virginia
Freedom of Information Act and the Government Data Collection
and Dissemination Practices Act, Chapter 38, Title 2.2, Code
of Virginia, 1950 as Amended.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
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On motion of Mr. Holland, seconded by Mr. Ingle, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act effective
July 1, 1989 provides for certification that such Closed
Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member’s
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of Information
Act were discussed in Closed Session to which this
certification applies, and ii) only such business matters were
identified in the motion by which the Closed Session was
convened were heard, discussed or considered by the Board. No
member dissents from this certification.
Mr. Ingle: Aye.
Mr. Carroll: Aye.
Ms. Carroll: Aye.
Mr. Holland: Aye.
Mr. Winslow: Aye.
7. RECESS FOR DINNER WITH MEMBERS OF THE COMMUNITY SERVICES
BOARD
On motion of Mr. Holland, seconded by Mr. Ingle, the Board
recessed for dinner in Room 502 with members of the Community
Services Board.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
8. INVOCATION
The Honorable Jim Holland, Dale District Supervisors, gave the
invocation.
9. PLEDGE OF ALLEGIANCE
Eagle Scout Matthew James Snow led the Pledge of Allegiance to
the Flag of the United States of America.
10. COUNTY ADMINISTRATION UPDATE
10.A. NATIONAL 4H HALL OF FAME RECIPIENT
Dr. Casey recognized Ms. Sarah Gregory for her recent induction
into the 4-H Hall of Fame. He stated her volunteer work in 4-
H has spanned 64 years, 40 of which have seen Chesterfield
benefiting from the selfless devotion. He further stated her
dedication to 4-H goes back to a time when segregation excluded
her from receiving all that 4-H had to offer, not it plays a
leading role in advocating for diversity and inclusion.
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10.B. BOND REFERENDUM UPDATE
Deputy County Administrator Matt Harris provided a brief update
to the Board regarding how staff is informing the public about
the upcoming bond referendum. This fall, voters will consider
the Community Facilities Bond Plan. If approved, Chesterfield
will issue $540 million in general obligation bonds to fund 26
specific capital projects among schools, public safety, parks
and libraries.
10.C. RECOGNITION OF RECENT AWARDS AND EMPLOYEE ACHIEVEMENTS
Dr. Casey announced that Colonel Jeffrey Katz was recently
named as a finalist for the Patrick Murphy Award for Leading
Change in Policing, whose nomination was a collaborative effort
among many police staff members. He congratulated Col. Katz
for his devotion to his department and the community.
10.D. OTHER COUNTY ADMINISTRATION UPDATES
• Dr. Casey announced Mr. Kevin Bruny, Director of the
Learning and Performance Center, has also received recent
accolades as a finalist for the Top 100 Learning and
Development Award presented by OnConferences, also known
as OnCon, an exclusive group of senior executives who
come together to discuss challenges, trends and
benchmarking. He stated Mr. Bruny was one of three
finalists in the public sector and among local government
learning and development leaders.
• Dr. Casey announced the Internal Audit Department
recently had its periodic peer review, which resulted in
the highest grade possible, “pass.” He stated peer reviews
represent others in the profession, often out of state as
in this case, who can be most critical of an operation.
• Dr. Casey announced county staff are working with the
Chesterfield Historical Society of Virginia to prepare
for this year’s Veterans Day ceremony. He stated the
ceremony will take place on November 11, at 2:00 p.m.,
and all are invited. He noted Mr. Winslow and retired
U.S. Marine Corps Maj. Gen. Craig Crenshaw, who now serves
as Virginia Secretary of Veterans and Defense Affairs,
will be the featured speakers.
11. BOARD MEMBER REPORTS
Mr. Ingle announced on September 23, he welcomed Christian
Brothers Automotive to the Bermuda District and on October 14,
a few of my fellow board members and the County Treasurer
joined him for the ribbon cutting at the Springhill Suites by
Marriott in Chester. He announced he has been hosting a series
of community conversations with Bermuda District residents,
where citizens have had the opportunity to ask questions, share
thoughts about issues the community is facing, and discuss
solutions. Regarding economic development, he noted work is
progressing nicely for both project pads at Plenty and Lego.
Lastly, he announced the Better Housing Coalition broke ground
on Winchester Forest, a new affordable apartment community
along the Rt. 1 corridor.
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Mr. Carroll announced he attended the Shared Values in Action
Summit on September 30. The summit featured a keynote
presentation from internationally acclaimed economist Raj
Chetty, detailing his data on growing Richmond’s economic
mobility and equality of opportunity. He mentioned the recent
retirement of auxiliary police officer Eric Luther and his
dedication to the county. He also announced he hosted a
community meeting Oct. 5 at the new Matoaca Elementary School
to discuss plans for the reuse of the Old Matoaca Elementary
School and attended former Ettrick Elementary School annex site
groundbreaking ceremony on October 19th that will feature 10
affordable one-and two-story single-family homes, the Matoaca
Fire and EMS Station No.8 groundbreaking ceremony on October
20th, and the Pleasant View School sign dedication ceremony on
October 22nd. Lastly, he provided information relative to the
Otterdale Road drainage improvements.
Ms. Carroll announced she attended the Centering Elements
ribbon cutting ceremony on October 14th. Centering Elements is
an organization focused on counseling for individuals and
families. They aim to offer a professional and compassionate
environment for their clients. She also announced she attended
the Trunk or Treat event at the county fairgrounds on October
25th.
Mr. Holland announced he attended, along with Mr. Carroll, the
ribbon cutting ceremony for the refurbished pickleball courts
at Rockwood Park on October 10th, celebration of retired
employees on October 7th, Chesterfield VSU Day on October 18th,
a day interacting with students one-on-one, sharing about the
variety of services and opportunities available with
Chesterfield County government.
Mr. Winslow announced he joined US EDA officials, Senator
Warner, and regional partners for a brief tour and roundtable
discussion at the Medicines for All Institute at VCU College
of Engineering on October 4th and the honoring of Dr. Wyatt Tee
Walker on October 21st. Lastly, he announced the United States
Department of Housing and Urban Development (HUD) awarded the
Greater Richmond Continuum of Care a $4,478,877 million grant
as part of HUD’s Youth Homelessness Demonstration Program.
These new federal funds will support the planning and
implementation efforts for youth-driven projects in the
Richmond region.
12. RESOLUTIONS AND SPECIAL RECOGNITIONS
12.A. RESOLUTION RECOGNIZING BOY SCOUT UPON ATTAINING RANK
OF EAGLE SCOUT
Ms. Teresa Bonifas, Director of Communications and Media,
introduced Mr. Matthew James Snow, who was present to receive
the resolution.
On motion of Mr. Winslow, seconded by Mr. Carroll, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered by
Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
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fitness; and
WHEREAS, after earning at least 21 merit badges in a wide
variety of skills including leadership, service and outdoor
life, serving in a leadership position in a troop, carrying
out a service project beneficial to their community, being
active in the troop, demonstrating Scout spirit, and living up
to the Scout Oath and Law, Mr. Matthew James Snow, of Troop
2822, sponsored by Bethia United Methodist Church, has
accomplished those high standards of commitment and has reached
the long-sought goal of Eagle Scout, which is received by only
four percent of those individuals entering the Scouting
movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Matthew has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of October 2022,
publicly recognizes Mr. Matthew James Snow, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the county to have such an
outstanding young man as its citizen.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
Mr. Carroll presented the executed resolution and patch to Mr.
Snow, accompanied by members of his family, congratulated him
on his outstanding achievements and wished him well in future
endeavors.
Mr. Snow expressed appreciation to the Board and provided
details of his Eagle Scout project.
13. NEW BUSINESS
13.A. APPOINTMENTS
13.A.1. CAMP BAKER MANAGEMENT BOARD
On motion of Mr. Carroll, seconded by Mr. Ingle, the Board
nominated/appointed Ms. Monica Thomas-Moore as the Matoaca
District representative to serve on the Camp Baker Management
Board, whose term is effective immediately and will expire
April 30, 2024.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.A.2. COMMITTEE ON THE FUTURE
On motion of Mr. Carroll, seconded by Ms. Carroll, the Board
nominated/appointed Mr. Travis Rickman as the Matoaca District
representative to serve on the Committee on the Future, who
serves at the pleasure of the Board.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
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13.B. CONSENT ITEMS
13.B.1. ADOPTION OF RESOLUTIONS
13.B.1.a. RECOGNIZING MS. PALMA D. FISHER, DEPARTMENT OF
GENERAL SERVICES, UPON HER RETIREMENT
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Ms. Palma D. Fisher retired from the Chesterfield
County Department of General Services Buildings and Grounds
Division on October 1, 2022, after over 31 years of service;
and
WHEREAS, on July 8, 1991, Ms. Fisher began her public
service career with Chesterfield County as a full-time
Custodian; and
WHEREAS, in February 2006, Ms. Fisher graduated from the
School of Quality and Continuous Improvement; and
WHEREAS, Ms. Fisher provided quality service while
adhering to ethical standards of behavior; and
WHEREAS, Ms. Fisher always displayed a positive attitude
when responding to the concerns of customers; and
WHEREAS, Ms. Fisher organized and prioritized tasks to
ensure assignments were completed in a timely manner; and
WHEREAS, Ms. Fisher provided outstanding custodial
services to the Chesterfield County facilities and was
dedicated to keeping these buildings clean, safe, and
aesthetically pleasing; and
WHEREAS, Ms. Fisher presented a professional image while
interacting with internal and external customers in the County;
and
WHEREAS, Ms. Fisher supported the County’s goals, values,
and objectives through teamwork; and
WHEREAS, in March 2020, Ms. Fisher was deemed an essential
worker due to the global Coronavirus pandemic, thus making her
service to keep the County buildings as clean and safe as
possible even more critical.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, the 26th day of October 2022,
publicly recognizes the outstanding contributions of Palma D.
Fisher, expresses the appreciation of all citizens for her
service to Chesterfield County, and extends appreciation for
her dedicated service to the County, congratulations upon her
retirement, and best wishes for a long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of the resolution
be presented to Ms. Fisher, and that the resolution be
permanently recorded among the papers of the Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
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13.B.1.b. RESOLUTION SUPPORTING CONSTRUCTION OF THE LAMBERT
LANDING APARTMENTS USING PROCEEDS FROM TAX EXEMPT
BONDS BY THE VIRGINIA HOUSING MIXED-INCOME
PROGRAM
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, pursuant to Section 36-55.30:2.A of the Code of
Virginia of 1950, as amended, the Board of Supervisors of the
County of Chesterfield, Virginia, desires to designate the area
(the “Area”) described on Exhibit A attached hereto as a
revitalization area;
NOW, THEREFORE, BE IT HEREBY DETERMINED as follows:
(1) the industrial, commercial or other economic
development of the Area will benefit the County but
the Area lacks the housing needed to induce
manufacturing, industrial, commercial, governmental,
educational, entertainment, community development,
healthcare or nonprofit enterprises or undertakings
to locate or remain in the Area; and
(2) private enterprise and investment are not reasonably
expected, without assistance, to produce the
construction or rehabilitation of decent, safe and
sanitary housing and supporting facilities that will
meet the needs of low and moderate income persons
and families in the Area and will induce other
persons and families to live within the Area and
thereby create a desirable economic mix of residents
in the Area.
NOW, THEREFORE, BE IT HEREBY RESOLVED that pursuant to
Section 36-55.30:2.A of the Code of Virginia of 1950, as
amended, the Area is hereby designated as a revitalization
area.
Adopted by the Board of Supervisors of the of the County of
Chesterfield, Virginia, on the 26th day of October, 2022.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.2. REAL PROPERTY REQUESTS
13.B.2.a. ACCEPTANCE OF PARCELS OF LAND
13.B.2.a.1. DESIGNATION OF A PARCEL OF LAND WITH A TEMPORARY
CONSTRUCTION EASEMENT ACROSS MARQUERITE
CHRISTIAN ELEMENTARY SCHOOL
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
approved the designation of a parcel of land containing 1.542
acres, along with a temporary construction easement, across
Marguerite Christian Elementary School.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
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13.B.2.a.2. ACCEPTANCE OF A PARCEL OF LAND SOUTH OF
MEADOWVILLE ROAD FROM TWIN RIVERS, LLC
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.100
acres south of Meadowville Road from Twin Rivers, LLC and
authorized the County Administrator to execute the deed.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.2.b. REQUESTS TO QUITCLAIM
13.B.2.b.1. REQUEST TO QUITCLAIM PORTIONS OF A WATER
EASEMENT ACROSS THE PROPERTIES OWNED BY
NIOBRARA, INCORPORATED AND BERMUDA SQUARE
VENTURE, LLC
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate
portions of a water easement across the properties owned by
Niobrara, Incorporated and Bermuda Square Venture, LLC.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.2.b.2. REQUEST TO QUITCLAIM A PORTION OF A WATER
EASEMENT ACROSS THE PROPERTY OWNED BY CLOVER
HILL ASSEMBLY OF GOD
On motion of Ms. Carroll, seconded by Mr. Holland, 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 water easement across the property owned by Clover
Hill Assembly of God.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.2.b.3. REQUEST TO QUITCLAIM A PORTION OF A WATER
EASEMENT ACROSS THE PROPERTY OWNED BY DUCKRIDGE
LANDING LC
On motion of Ms. Carroll, seconded by Mr. Holland, 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 water easement across the property owned by
Duckridge Landing LLC.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.2.c. REQUESTS FOR PERMISSION
13.B.2.c.1. REQUEST PERMISSION TO ALLOW AN EXISTING PRIVATE
SEWER SERVICE LINE WITHIN A PROPOSED PRIVATE
EASEMENT TO SERVE THE PROPERTY AT 100 RAVENSCROFT
DRIVE
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On motion of Ms. Carroll, seconded by Mr. Holland, the Board
granted permission to allow an existing private sewer service
line within a proposed private easement to serve property at
100 Ravenscroft Drive and authorized the County Administrator
to execute the sewer connection agreement.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.3. SET PUBLIC HEARING
13.B.3.a. TO CONSIDER COMPREHENSIVE PLAN AMENDMENT RELATIVE
TO THE GENITO/288 SPECIAL FOCUS AREA PLAN
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
set a public hearing for November 16, 2022, as the date to hold
a public hearing to consider Comprehensive Plan amendment
relative to the Genito/288 Special Focus Area Plan.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.3.b. TO CONSIDER THE ABANDONMENT OF THE DUPUY SCHOOL
ENTRANCE, STATE ROUTE 9831
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
set a public hearing for December 14, 2022, as the date to hold
a public hearing to consider the abandonment of the Dupuy
School entrance, State Route 9831.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.3.c. TO CONSIDER THE ABANDONMENT OF THE OLD BEULAH
ELEMENTARY BUS LOOP, STATE ROUTE 9099
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
set a public hearing for November 16, 2022, as the date to hold
a public hearing to consider the abandonment of the Old Beulah
Elementary bus loop, State Route 9099.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.3.d. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR
THE ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS FOR
THE LAKEVIEW ROAD AND BRANDERS BRIDGE ROAD
ROUNDABOUT PROJECT
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
set a public hearing for November 16, 2022, as the date to hold
a public hearing to consider the exercise of eminent domain
for the acquisition of right-of-way and easements for the
Lakeview Road and Branders Bridge Road Roundabout Project.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
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10/26/2022
13.B.3.e. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR
THE ACQUISITION OF RIGHT-OF-WAY FOR THE WOODS
EDGE ROAD SAFETY IMPROVEMENTS PROJECT
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
set a public hearing for November 16, 2022, as the date to hold
a public hearing to consider the exercise of eminent domain
for the acquisition of right-of-way for the Woods Edge Road
safety improvements project.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.4. AWARD OF CONSTRUCTION CONTRACT
13.B.4.a. TO REHABILITATE TERMINAL APRON AT THE
CHESTERFIELD COUNTY AIRPORT
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
authorized the Director of Procurement to (1) award a
construction contract in the amount of $1,148,806.02 to
Branscome, Inc., the lowest responsive and responsible bidder,
and (2) approve all necessary change orders, up to the amount
budgeted for the project.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.4.b. FOR HORNER PARK RESTROOMS
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
authorized the Director of Procurement to (1) award a
construction contract in the amount of $1,487,500.00 to WACO
Inc., the lowest responsive and responsible bidder, and (2)
approve all necessary change orders, up to the amount budgeted
for the project.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.4.c. FOR HARROWGATE PARK PHASE II
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
authorized the Director of Procurement to (1) award a
construction contract in the amount of $3,565,000.00 to
Loughridge and Company LLC., the lowest responsive and
responsible bidder, and 920 approve all necessary change
orders, up to the amount budgeted for the project.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.4.d. FOR PROCTORS CREEK WASTEWATER TREATMENT PLANT
INFLUENT PUMP STATION ELECTRICAL IMPROVEMENTS
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
authorized the Director of Procurement to award the
construction contract to Triad Electrical Solutions in the
amount of $771,025 and execute all necessary change orders up
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10/26/2022
to the full amount budgeted for the Proctors Creek Wastewater
Treatment Plant Influent Pump Station electrical improvements.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.5. ACCEPTANCE OF 2022 BJA CONNECT AND PROTECT GRANT
AWARDED BY THE BUREAU OF JUSTICE ASSISTANCE
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
accepted and appropriated funds from the 2022 BJA Connect &
Protect grant, in the amount of $482,555.00, from the Bureau
of Justice Assistance to fund mental health and police
positions to co-respond to situations involving persons with
mental illness.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.6. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT
FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY FOR
THE 2021 ASSISTANCE TO FIREFIGHTERS 9AFG) GRANT
PROGRAM
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
authorized Fire and EMS to accept and appropriate $1,915,536.36
in grant funds from the Department of Homeland Security, 2021
Assistance to Firefighters (AFG) Grant Program, to install
diesel exhaust source capture systems in
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.7. LOW INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM
(LIHWAP) AGREEMENT
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
authorized the Director of Public Utilities to execute an
agreement with Promise, Inc., the vendor selected by the
Virginia Department of Social Services, to administer the Low
Income Household Water Assistance Program, subject to approval
by the County Attorney.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.8. MEMORANDUM OF UNDERSTANDING BETWEEN CHESTERFIELD
COUNTY AND HENRICO COUNTY TO SHARE SPECIFIC MUTUAL
TASKS TO BE PERFORMED BY THE CORPORATION FOR
SUPPORTIVE HOUSING PURSUANT TO CHESTERFIELD SERVICE
AGREEMENT FOR CONSULTANT SERVICES FOR DEVELOPMENT
OF HOME-ARP ALLOCATION PLAN
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
approved a memorandum of understanding between Chesterfield
County and Henrico County to share tasks to be performed by
the Corporation for Supportive Housing pursuant to
Chesterfield Service agreement #ADMN22000272 for consultant
services for development of HOME-ARP Allocation Plan dated June
1, 2022.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
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10/26/2022
Nays: None.
13.B.9. ACCEPTANCE OF STATE ROADS
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Rolling Ridge Section Two and
Normandale Terrace Addition Section “C” (Remainder)
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
• Arcadia Avenue, State Route Number 1538
From: Arcadia Court, (Route 1400)
To: Bower Ridge Drive, (Route 8440), a distance of 0.05
miles
Recordation Reference: Plat Book 279, Page 75; Plat
Book 27, Page 90
Right of Way width (feet) = 50
• Arcadia Avenue, State Route Number 1538
From: Bower Ridge Drive, (Route 8440)
To: The cul-de-sac, a distance of 0.03 miles
Recordation Reference: Plat Book 279, Page 75
Right of Way width (feet) = 50
• Bower Ridge Drive, State Route Number 8440
From: Arcadia Avenue, (Route 1538)
To: Valley Ridge Court, (Route 8443), a distance of
0.17 miles
Recordation Reference: Plat Book 279, Page 75
Right of Way width (feet) = 50
• Bower Ridge Drive, State Route Number 8440
From: Valley Ridge Court, (Route 8443)
To: 0.01 miles south of Elokomin Avenue, (Route 8438),
a distance of 0.03 miles
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Recordation Reference: Plat Book 279, Page 75
Right of Way width (feet) = 50
• Valley Ridge Court, State Route Number 8443
From: Bower Ridge Drive, (Route 8440)
To: The cul-de-sac, a distance of 0.02 miles
Recordation Reference: Plat Book 279, Page 75
Right of Way width (feet) = 50
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Rolling Ridge Section One
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
• Elokomin Avenue, State Route Number 8438
From: Bower Ridge Drive, (Route 8440)
To: The end-of-maintenance, a distance of 0.02 miles
Recordation Reference: Plat Book 276, Page 98
Right of Way width (feet) = 55
• Elokomin Avenue, State Route Number 8438
From: Ridge Mill Way, (Route 8439)
To: Bower Ridge Drive, (Route 8440), a distance of 0.11
miles
Recordation Reference: Plat Book 276, Page 98
Right of Way width (feet) = 55
• Elokomin Avenue, State Route Number 8438
From: Rio Vista Street, (Route 1537)
To: Ridge Mill Way (Route 8439), a distance of 0.28
miles
Recordation Reference: Plat Book 276, Page 98
Right of Way width (feet) = 55
• Ridge Mill Way, State Route Number 8439
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10/26/2022
From: Elokomin Avenue, (Route 8438)
To: Ridge Mill Court, (Route 8441), a distance of 0.05
miles
Recordation Reference: Plat Book 276, Page 98
Right of Way width (feet) = 50
• Ridge Mill Way, State Route Number 8439
From: Ridge Mill Court, (Route 8441)
To: The cul-de-sac, a distance of 0.04 miles
Recordation Reference: Plat Book 276, Page 98
Right of Way width (feet) = 50
• Bower Ridge Drive, State Route Number 8440
From: Elokomin Avenue, (Route 8438)
To: The end-of-maintenance, a distance of 0.01 miles
Recordation Reference: Plat Book 276, Page 98
Right of Way width (feet) = 50
• Ridge Mill Court, State Route Number 8441
From: Ridge Mill Way, (Route 8439)
To: The end-of-maintenance, a distance of 0.11 miles
Recordation Reference: Plat Book 276, Page 98
Right of Way width (feet) = 50
• Ridge Mill Terrace, State Route Number 8442
From: Ridge Mill Way, (Route 8439)
To: The cul-de-sac, a distance of 0.03 miles
Recordation Reference: Plat Book 276, Page 98
Right of Way width (feet) = 50
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Kingsland Park Section One
Type Change to the Secondary System Miles of State Highways:
Addition
Reason for Change: New Subdivision Streets
Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334
Street Name and/or Route Number
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10/26/2022
• Pinetag Drive, State Route Number 2867
From: 0.03 miles west of Pineglade Lane, (Route 2866)
To: Kingsland Park Drive, (Route 8444), a distance of
0.03 miles
Recordation Reference: Plat Book 286, Page 61
Right of Way width (feet) = 50
• Sir Sagamore Drive, State Route Number 4010
From: Chayton Lane, (Route 8445)
To: The temporary cul-de-sac, a distance of 0.03 miles
Recordation Reference: Plat Book 286, Page 61
Right of Way width (feet) = 50
• Sir Sagamore Drive, State Route Number 4010
From: Chayton Lane, (Route 8445)
To: The tie-in to existing Sir Sagamore Drive, (Route
4010) a distance of 0.12 miles
Recordation Reference: Plat Book 286, Page 61
Right of Way width (feet) = 50
• Kingsland Park Drive, State Route Number 8444
From: Chayton Lane, (Route 8445)
To: The temporary cul-de-sac, a distance of 0.27 miles
Recordation Reference: Plat Book 286, Page 61
Right of Way width (feet) = 50
• Kingsland Park Drive, State Route Number 8444
From: Pinetag Drive, (Route 2867)
To: Chayton Lane, (Route 8445), a distance of 0.13
miles
Recordation Reference: Plat Book 286, Page 61
Right of Way width (feet) = 50
• Kingsland Park Drive, State Route Number 8444
From: Pinetag Drive, (Route 2867)
To: The cul-de-sac, a distance of 0.08 miles
Recordation Reference: Plat Book 286, Page 61
Right of Way width (feet) = 50
• Chayton Lane, State Route Number 8445
From: Kingsland Park Drive, (Route 8444)
To: Sir Sagamore Drive, (Route 4010), a distance of
0.10 miles
Recordation Reference: Plat Book 286, Page 61
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.
22-575
10/26/2022
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: Greenbriar Woods Section 4
Type Change to the Secondary System Miles of State Highways:
Addition
Reason for Change: New Subdivision Streets
Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334
Street Name and/or Route Number
• Tosh Lane, State Route Number 7622
From: 0.02 miles southeast of Horseshoe Bend Drive,
(Route 1167)
To: Tosh Court, (Route 8431), a distance of 0.06 miles
Recordation Reference: Plat Book 258, Page 18
Right of Way width (feet) = 50
• Tosh Lane, State Route Number 7622
From: Tosh Court, (Route 8431)
To: Tosh Terrace, (Route 8432), a distance of 0.03
miles
Recordation Reference: Plat Book 258, Page 18
Right of Way width (feet) = 50
• Tosh Lane, State Route Number 7622
From: Tosh Terrace, (Route 8432)
To: The cul-de-sac, a distance of 0.18 miles
Recordation Reference: Plat Book 258, Page 18
Right of Way width (feet) = 50
• Tosh Court, State Route Number 8431
From: Tosh Lane, (Route 7622)
To: The cul-de-sac, a distance of 0.06 miles
Recordation Reference: Plat Book 258, Page 18
Right of Way width (feet) = 50
• Tosh Terrace, State Route Number 8432
From: Tosh Lane, (Route7622)
To: The cul-de-sac, a distance of 0.06 miles
Recordation Reference: Plat Book 258, Page 18
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,
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10/26/2022
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 Landings at Meadowville 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
• Almer Lane, State Route Number 7904
From: 0.03 miles north of Almer Court, (Route 8334)
To: 0.05 miles south of Meadowville Road, (Route 618),
a distance of 0.34 miles
Recordation Reference: Plat Book 293, Page 16
Right of Way width (feet) = 50
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Ashton Park Drive Industrial Road
Extended
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
• Aston Park Drive, State Route Number 932
From: 0.34 miles southeast of Ruffin Mill Road, (Route
746)
To: The cul-de-sac, a distance of 0.20 miles
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Recordation Reference: Deed Book 11212, Page 915
Right of Way width (feet) = 70
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Harpers Mill Northeast - Section 8
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
• Wolfboro Road, State Route Number 8176
From: Bole Hat Road, (Route 8319)
To: Wolfboro Place, (Route 8357), a distance of 0.15
miles
Recordation Reference: Plat Book 263, Page 42
Right of Way width (feet) = 55
• Wolfboro Road, State Route Number 8176
From: Wolfboro Place, (Route 8357)
To: 0.02 miles east of Timberstone Drive, (Route 7989),
a distance of 0.06 miles
Recordation Reference: Plat Book 263, Page 42
Right of Way width (feet) = 55
• Bole Hat Road, State Route Number 8319
From: 0.03 miles northwest of Hartridge Drive, (Route
7996)
To: Wolfboro Road, (Route 8176), a distance of 0.07
miles
Recordation Reference: Plat Book 263, Page 42
Right of Way width (feet) = 55
• Bole Hat Road, State Route Number 8319
From: Wolfboro Road, (Route 8176)
To: 0.03 miles northwest of Wolfboro Road, (Route
8176), a distance of 0.03 miles
Recordation Reference: Plat Book 263, Page 42
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Right of Way width (feet) = 50
• Bole Hat Road, State Route Number 8319
From: 0.03 miles northwest of Wolfboro Road, (Route
8176)
To: The cul-de-sac, a distance of 0.05 miles
Recordation Reference: Plat Book 263, Page 42
Right of Way width (feet) = 50
• Wolfboro Place, State Route Number 8357
From: Wolfboro Road, (Route 8176)
To: The cul-de-sac, a distance of 0.03 miles
Recordation Reference: Plat Book 263, Page 42
Right of Way width (feet) = 50
• Wolfboro Court, State Route Number 8358
From: Wolfboro Road, (Route 8176)
To: The cul-de-sac, a distance of 0.05 miles
Recordation Reference: Plat Book 263, Page 42
Right of Way width (feet) = 50
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.10. AUTHORIZATION TO PROCEED WITH WOODS EDGE ROAD
SAFETY IMPROVEMENTS
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
took the following actions for the Woods Edge Road Safety
Project:
1. Authorized the County Administrator to enter into the
customary VDOT/County agreements/contracts, permits/
mitigation agreements, and surety agreements, acceptable to
the County Attorney; and, 2. Authorized the County
Administrator to proceed with the design and right-of-way
acquisition, including advertisement of an eminent domain
public hearing if necessary, and to accept the conveyance of
right-of-way and easements that are acquired; and, 3.
Authorized the Chairman of the Board of Supervisors and County
Administrator to execute easement agreements for relocation of
utilities; and, 4. Authorized the Director of Procurement to
proceed with the advertisement of a construction contract for
the project.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
13.B.11. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT
FUNDS FROM THE GOVERNOR’S AGRICULTURE & FORESTRY
INDUSTRIES DEVELOPMENT FUND FOR THE VERTICAL
FARMING FACILITY IN THE MEADOWVILLE TECHNOLOGY PARK
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
authorized the receipt and appropriation of grant funds from
the Governor’s Agriculture & Forestry Industries Development
Fund for the vertical farming facility in the Meadowville
Technology Park.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
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13.B.12. AUTHORIZE USE OF DISTRICT ENHANCEMENT CAPITAL
IMPROVEMENT FUNDS (DECIF)
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
authorized the use of District Enhancement Capital Improvement
Funds, including authorization to advertise and award
construction contracts and change orders, up to the full amount
budgeted for each project, and execution of any agreements
necessary to complete the projects.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
14. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Anne Harrell addressed the Board relative to Southside
Speedway.
15. DEFERRED ITEMS FROM PREVIOUS MEETINGS
There were no deferred items from previous meetings.
16. 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 18
Ms. Hall stated for each case on the consent agenda, staff has
received written confirmation from the applicants that they
agree with the conditions being imposed and all proffers are
offered in compliance with state law.
22MH0006
In Bermuda Magisterial District, Charles Joyner Jr requests
renewal of a manufactured home permit (Case 15SN0149) to permit
temporary manufactured home and amendment of zoning district
map in a Residential (R-7) District on 0.3 acre known as 7600
Senate Street. 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 ID 788-677-6194 and 6297, and 788-
678-6201.
Ms. Hall introduced Case 22MH0006. She stated staff received
no comments on the case, staff recommended approval subject to
the conditions in the staff report.
Mr. Winslow called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Ingle, seconded by Ms. Carroll, the Board
approved Case 22MH0006, subject to the following conditions:
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10/26/2022
1. The applicant shall be the owner and occupant of the
manufactured home. (P)
2. No additional permanent type living space may be added to
the manufactured home. The use of the existing addition
to the manufactured home may be continued during the
renewal periods; however, such addition may not be
enlarged, extended, reconstructed, substituted, or
structurally altered. (P)
3. Except for the existing permanent foundation, the
remainder of the manufactured home shall be skirted. (P)
(Note: The Zoning Ordinance limits the maximum period of time
for which a manufactured home permit may be granted to seven
(7) years. Should the Board wish to approve this request, this
approval would be for seven (7) years unless conditioned for
less time and then subject to renewal.)
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
21SN0645
In Midlothian Magisterial District, Douglas Sowers, Susan
Sowers and Otterdale, LLC (Project commonly known as Newmarket
South) request rezoning from Agricultural (A) to Residential
(R-12) with conditional use planned development to permit
exceptions to ordinance requirements and amendment of zoning
district map on 164.45 acres located along the west line of
Otterdale Road, beginning approximately 330 feet south of
Cedarville Drive. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Suburban Residential
I use (Maximum of 2 dwellings per acre). Tax IDs 713-691-6321,
2873, 8928; 713-692-0469; 713-693-9221; 714-690-2468; 714-691-
2486; 714-692-7432; 715-692-3162.
Ms. Hall introduced Case 21SN0645. She stated staff received
no comments on the case, and the Planning Commission and staff
recommended approval subject to the conditions in the staff
report.
Mr. Winslow called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
approved Case 21SN0645, subject to the following proffered
conditions:
The property owner and applicant in this rezoning case
(“Owner”), pursuant to Section 15.2-2298 of the Code of
Virginia (1950, as amended) and the Zoning Ordinance of
Chesterfield County (the “County”), for themselves and their
successors or assigns, proffer that the property under
consideration 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. In the event this request is denied or approved with
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10/26/2022
conditions not agreed to by the Owner, the proffers shall
immediately be null and void and of no further force or effect.
As used herein, “Property” shall mean the property consisting
of GPIN(s): 7136939221, 7136920469, 7146927432, 7146912486,
7136918928, 7136912873, 7136916321, 7146902468, and
7156923162.
1. Master Plan. The Textual Statement dated September 23,
2022 shall be considered the “Master Plan”. (P)
2. Sidewalks. Sidewalks shall be provided on one side of all
public roads. The owner of the Property may elect not to
include a sidewalk segment where the removal of the
sidewalk segment will reduce the impact on steep slopes
as determined and approved at the time of plans review.
The sidewalks may be constructed within the right-of-way
or outside of the right-of-way. In the event a sidewalk
along a public street is located outside the public right-
of-way, then the length of all driveways intersecting with
such sidewalk located outside the public right-of-way
shall be a minimum of twenty feet (20’) as measured from
the back of such sidewalk and the face of a front-loaded
garage door. (P)
3. Utilities. Public water and wastewater shall be used. (U)
4. Access. Direct vehicular access from the Property to
Otterdale Road shall be limited to two (2)
entrances/exits. The exact location of these accesses
shall be approved by the Transportation Department. (T)
5. Dedication. In conjunction with recordation of the initial
subdivision plat, or within sixty (60) days from a written
request by Chesterfield County, whichever occurs first,
the following rights-of-way or easements, as specified
below, shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County:
a. Forty-five (45) feet of right-of-way along the west
side of Otterdale Road, measured from the centerline
of existing Otterdale Road immediately adjacent to
the Property, for the entire property frontage.
b. Variable width right-of-way for future intersection
control (roundabout) at the Otterdale
Road/Simonsbath/northernmost Property access
intersection, with the exact area to be approved by
the Transportation Department at the time of
construction plan review. Such area shall not exceed
the needs for the construction of such roundabout
for Otterdale Road, unless otherwise agreed to by
the owner.
c. Variable width right-of-way and/or easement(s) in
the southeast corner of the Property, south of Lots
10 and 11, and east of Lots 8 and 9, as such lots
are illustrated on the Newmarket Conceptual Layout
(defined below), to accommodate the future Otterdale
Road Swift Creek drainage improvements, but
maintaining enough room behind the rear yards of Lots
8, 9, and 10 for the buffer and utility area in
Requirement 2 of the Master Plan (i.e. accompanying
Textual Statement). (T)
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10/26/2022
6. Road Improvements. In conjunction with direct vehicular
access (excluding a temporary construction entrance) to
Otterdale Road, as determined by the Transportation
Department, or prior to recordation of more than a
cumulative total of one hundred (100) lots/units,
whichever occurs first, the following road improvements
shall be completed. Any modification to the alignment,
design and length shown on the Newmarket Conceptual Layout
and/or as specified below 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.
a. Construction of additional pavement along Otterdale
Road at each approved access to provide left and
right turn lanes. If intersection control
(roundabout) is provided at an approved access with
Otterdale Road, then turn lanes will not be required
at that approved access, as determined by the
Transportation Department.
b. Widening/improving the west side of Otterdale Road
to a twelve (12) foot wide travel lane, measured from
the centerline of the road, with an additional four
(4) foot wide paved shoulder plus a four (4) foot
wide unpaved shoulder and overlaying the full width
of the road with one and one-half (1.5) inches of
compacted bituminous asphalt concrete, with
modifications approved by the Transportation
Department, for the entire property frontage.
c. Construction/Installation of a high-water warning
system (the “Warning System”) to alert the traveling
public in both directions to potential flooding on
Otterdale Road at the Swift Creek drainage crossing
(the “Warning System”). Warning System improvements
shall include portable video/camera system, concrete
equipment pad, in-stream/creek monitoring device(s),
signage with flashing lights, power source, control
panel/box, pavement markings, and/or other VDOT
accepted improvements, with modifications approved
by the Transportation Department.
d. Dedication to the County or VDOT, as applicable, free
and unrestricted, of any additional right-of-way or
easements required for the improvements identified
above; provided however, the user shall not be
obligated to dedicate off-site right of way for the
Warning System. (T)
7. Road Cash Proffers.
a. For each dwelling unit in excess of a cumulative
total of 270 dwelling lots/units, the applicant,
subdivider, or assignee(s) (the “Developer”) shall
pay $9,400 for each dwelling unit to Chesterfield
County for road improvements within the service
district for the Property (“Road Cash Proffer
Payment”). In the event the costs for the design and
installation of the Warning System exceeds $134,000
the Road Cash Proffer Payment shall be reduced by
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10/26/2022
the amount of the excess, oras determined by the
Transportation Department. Each Road Cash Proffer
Payment shall be made prior to the issuance of a
certificate of occupancy 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 be in addition to, any impact fees, in a manner
determined by the County.
b. At the option of the Developer and approved by the
Transportation Department, if the Developer provides
the Off-Site Road Improvement below, then the Road
Cash Proffer Payment will no longer be required. The
Off-Site Road Improvement determination shall be
made by the Developer prior to any construction plan
approval for a cumulative total of more than 100
dwelling lots/units. If the Developer elects to
provide the Off-Site Road Improvement, prior to
recordation of more than a cumulative total of 100
dwelling lots/units, then the construction plan for
the Off-Site Road Improvement shall be approved by
the Transportation Department and VDOT, and the
Developer shall post a performance bond, letter of
credit, or other security, in a form acceptable to
the County Attorney, as approved by the
Transportation Department. Prior to recordation of
more than a cumulative total of 197 dwelling
lots/units, the Off-Site Road Improvement shall be
completed.
Off-Site Road Improvement:
Construction of intersection control (roundabout) at the
Otterdale Road/Simonsbath Drive/northernmost Property
Access intersection to VDOT standards, as approved by the
Transportation Department.
Note: This includes all utility relocations, stormwater
management, and right-of-way and easement
acquisitions, and other relocations/modifications
associated with completing the improvements.
c. If requested by the Developer and with the agreement
of the Transportation Department, Road Cash Proffer
Payments may be reduced for the cost of road
improvements, other than the improvement identified
in the Road Improvements Proffered Condition,
provided by the Developer, and approved by the
Transportation Department. The value of the
improvements shall be approved by the Transportation
Department. (T)
8. Transportation Development Phasing. Prior to recordation
of more than a cumulative total of 197 dwelling
lots/units, Simonsbath Drive shall be completed from
Woolridge Road to Otterdale Road, as determined by the
Transportation Department. (T)
9. Environmental Engineering.
a. Super Silt Fence, or an alternative as approved by
the Department of Environmental Engineering, shall
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10/26/2022
be provided as a perimeter control in locations where
standard silt fence would have been required.
b. Sediment traps and sediment basins sized at least
25% larger than the minimum Virginia Erosion and
Sediment Control Handbook’s standard shall be
provided.
c. Anionic PAM, Flexible Growth Medium and/or a County-
approved equivalent shall be applied to denuded areas
during construction and at final stabilization in
the locations shown on plans approved by
Environmental Engineering at the time of plans
review.
d. Grading of steep slopes adjacent to natural
preservation areas for homesite preparation within
lots shall be approved by Chesterfield County
Environmental Engineering Department during the
construction plan review and approval process.
During the actual construction of the dwelling,
connected downspouts, walkout basements, tall
foundations, and other methods approved by
Environmental Engineering may be necessary in lieu
of grading steep slopes in order to minimize erosion
in these natural preservation areas.
e. Lots shall be exclusive of the 100-year FEMA
floodplain and exclusive of the resource protection
areas.
f. In all Common Areas, pedestrian paths may be natural
or hard surface or a combination. In Resource
Protection Areas, pedestrian paths may be located in
a meandering manner through the Resource Protection
Areas in accordance with the Department of
Environmental Quality’s Riparian Buffers
Modification and Mitigation Guidance Manual, with
the final location, design and material to be
approved by the Director of Environmental
Engineering at the time of plans review and approval.
A multi-use trail may be located within sewer
easements located in resource protection areas. The
exact location, width, design and material(s) to be
used for this trail shall be shown on the site plan
or subdivision plat submitted and is subject to
review and approval by the Directors of Environmental
Engineering and Utilities, or their designee. Prior
to construction of the multi-use trail, the owner
shall enter into all applicable agreements necessary
to allow the encroachments within any areas of
interest to, or regulatory authority of,
Chesterfield County.
g. The owner of the Property and the Director of
Environmental Engineering shall consult on the
location of level spreaders at the time of plans
review. (EE)
10. Development Standards for Detached Single-Family
Dwellings. All detached single-family dwellings developed
in the Property shall be subject to the following
development standards.
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10/26/2022
a. General.
i. The same architectural style of dwelling unit
frontal elevations shall not be located on
either side of or directly across from each
other, but this requirement shall not prevent a
dwelling unit from having the same frontal
elevations as a dwelling unit located
diagonally across from said dwelling unit.
ii. No single story home shall be located on either
side of or directly across from another single
story home, but this requirement shall not
prevent a single story home from being located
diagonally across from another single story
home. (P)
b. Exterior Facades.
i. Façade Materials. At least 50% (5 in 10)
dwelling units constructed shall have brick,
stone or masonry fronts that cover a minimum of
20% of the front façade (which façade shall
exclude gables, windows, trim, and doors).
Other acceptable siding materials include
brick, stone, masonry, fiber cement siding
(such as HardiPlank, HardieShingle, and
HardieTrim), engineered wood siding (such as LP
SmartSide), or high-grade vinyl (a minimum of
.044” nominal thickness as evidenced by
manufacturer’s printed literature). Dutch lap,
plywood, and metal siding are not permitted.
Other materials may be used for parapets,
cornices, surrounds, trim, architectural
decorations, and design elements.
ii. Color. Elements of exterior facades (which
include cladding, trim, and doors) shall
include a minimum of three (3) colors, except a
minimum of two (2) colors shall be included if
the cladding is white. (P)
c. Foundations. There shall be a minimum vertical height
of eighteen (18) inches of brick, stone or stone
veneer above grade utilized on slab-on-grade
foundations on all front, side, and rear elevations.
All foundations shall be faced entirely of brick,
brick veneer, stone, stone veneer, cultured stone,
and/or other masonry materials. Synthetic or natural
stucco foundations may be permitted for facades
constructed entirely of stucco. (P)
d. Roofs.
i. Varied Roof Line. Varied roof designs and
materials shall be used on facades of dwellings
that face a street. Main roof pitch shall be
7/12, and there shall be a minimum roof overhang
of twelve (12) inches on main gables. Roof pitch
may be decreased to match the architectural
style of the home, i.e. Pacific, Northwest,
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10/26/2022
Modern, Craftsman, etc. Porches and dormer
pitches may be less than 7/12.
ii. Roof Materials. Slanted roofing material shall
be dimensional architectural shingles with a
minimum thirty (30) year warranty or standing
seam metal. (P)
e. Porches, Stoops and Decks.
i. Front Porches. Individual porches and porticos
shall be one-story in height or taller. Extended
front porches shall be a minimum of 5’ deep.
Handrails and railings, when required by
building code, shall be finished painted wood
or metal railing with vertical pickets, sawn
balusters or other products of equal quality.
Pickets shall be supported on top and bottom
rails that span between columns. Columns
supporting roofs of porches, porticos and
covered stoops on street facing facades, shall
be masonry piers, tapered round (Tuscan or
Doric) column, or square box columns a minimum
of 6” square as appropriate to the character of
the unit. Other high quality columns may be
approved. Wooden front porches shall include
painted pickets, a painted band, and painted or
vinyl lattice underneath such porches.
ii. Rear Porches. All rear porches visible from
public rights of way shall have lattice or
higher quality screening spanning between
columns. Handrails and railings, when required
by building code, shall be finished painted wood
or metal railing with vertical pickets, sawn
balusters or other products of equal quality.
f. Direct Vent Fireplaces. Direct vent gas fireplace
boxes which protrude beyond the exterior plane of
the unit, are not permitted on front facades. All
the exterior materials and finishes used to enclose
the fireplace box must match the adjacent façade.
g. Front Walks/Driveways.
i. All private driveways serving residential uses
shall be constructed of either concrete or
asphalt or other hardscape material. This may
include pavers as well as stamped concrete
driveways. Private driveways shall not require
curb and gutter.
ii. A minimum of a three (3) foot wide concrete
front walk shall be provided to the front
entrance of each dwelling unit, to connect to
drives, sidewalks or street.
iii. One (1) lamp post shall be provided in the front
yard of each dwelling unit. The design of such
lamp posts shall be consistent throughout the
Property.
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10/26/2022
h. Planting Beds. Foundation planting beds shall be
provided along the front façades of dwelling units.
Foundation planting beds shall be a minimum of four
(4) feet wide as measured from the 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. Corners shall be visually softened
with vertical accent shrubs (2-4’ in height) or small
evergreen trees (5-7’ in height) at the time of
planting.
i. Garages. Any garage door visible from a public street
shall use an upgraded garage door. An upgraded garage
door is any door with a minimum of three (3) enhanced
features. Enhanced features shall include windows,
raised panels, decorative panels, arches, hinge
straps or other architectural features on the
exterior that enhance the entry (i.e. decorative
lintels, shed roof overhangs arches, columns,
keystones, eyebrows, etc.) Flat panel garage doors
shall be prohibited.
j. Heating, Ventilation and Air Conditioning (HVAC)
Units and Generators. HVAC units and generators
affixed to the ground shall be screened from view by
landscaping or low maintenance material. If an HVAC
unit or generator affixed to the ground is located
between two driveways, the HVAC unit and generator
need only be screened on the side that faces the
alley, drive or street that provide access to the
driveways. (P)
11. Newmarket Conceptual Layout. The site shall be developed
in general conformance with the Newmarket South Conceptual
Plan dated March 4, 2022 attached hereto as Exhibit A
(“Newmarket Conceptual Layout”). The Newmarket Conceptual
Layout is conceptual in nature and may vary based on the
final site plan depending on the final soil studies, RPA
lines, wetlands, road design, lot locations, CBU
locations, amenity locations, and other engineering or
design reasons. Any substantial deviations not related to
the foregoing sentence may be approved by the Planning
Commission at the time of plans review. (P)
12. Density. Density for the Property shall be limited to a
maximum of three hundred ninety-four (394) dwelling units.
(P)
13. Amenities.
a. There will be an amenity area located in the Property
in the general location identified on the Newmarket
Conceptual Layout as “Recreation Site”. This amenity
area will include three or more of the following
recreational amenities: play area, open pavilion,
fire pit, outdoor game area, walking trails, benches,
hardscape patio area, outdoor eating area or other
similar improvements. The final location, design and
improvements to be used shall be submitted by the
owner and approved at the time of plans review.
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10/26/2022
b. There will be a landscaped area located on both the
north side and south side of the southern entrance
road in the general location identified on the
Newmarket Conceptual Layout as “Focal Point.” The
final location, design and improvements to be used
shall be submitted by the owner and approved at the
time of plans review.
c. Pedestrian ways will be provided within the Property
as generally shown on the Newmarket Conceptual Layout
in accordance with Proffered Condition 9.f above.
d. A multi-use trail may be located within sewer
easements located in resource protection areas in
accordance with Proffered Condition 9.f above.
e. One or more of the observation areas illustrated on
the Newmarket Conceptual Layout along the pedestrian
path along the creek shall be installed, in the
general location illustrated, only if permitted
within the Resource Protection Area and only if
construction may be done in a manner that does not
disturb any existing wetlands.
f. The residents of the Property will have the ability
to use the amenities for Newmarket and residents in
Newmarket will have the ability to use the amenities
in the Property. (P)
14. Architecture. The architectural appearance of single
family detached dwellings constructed on the Property
shall generally conform with any one or more of the
following: (i) the architectural appearance on the
elevations attached hereto as Exhibit B, (ii) the
architectural appearance of dwelling units constructed
within the community commonly known as Newmarket, or (iii)
another architectural appearance approved by the Planning
Commission at the time of plans review and approval. The
owner of the Property may also ask the Planning Commission
to approve another architectural appearance after plans
review and approval. (P)
15. Street Trees. Street trees shall be planted along both
sides of public roads with a maximum average spacing of
forty (40) feet on center. In the event of conflicts with
utilities, easements, sightlines, entrances and other
conflicts, the required spacing shall be increased. Street
trees may be located between the road and the sidewalk or
in a lot adjacent to the sidewalk. (P)
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
21SN0663
In Matoaca Magisterial District, Clay Grogan (Parker Design
Group) and John O'Reilly request rezoning from Agricultural
(A) to Community Business (C-3) plus conditional use planned
development to permit exceptions to ordinance requirements and
amendment of zoning district map on 2.72 acres located in the
southwest corner of Hull Street Road and Hampton Farms Drive.
Density will be controlled by zoning conditions or ordinance
22-589
10/26/2022
standards. The Comprehensive Plan suggests the property is
appropriate for Corporate Office/Research & Development/Light
Industrial use. Tax ID 708-667-7540.
Ms. Hall introduced Case 21SN0663. She stated staff received
no comments on the case, and the Planning Commission and staff
recommended approval subject to the conditions in the staff
report.
Mr. Winslow called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
Mr. Winslow noted he would be abstaining from the vote.
On motion of Mr. Carroll, seconded by Mr. Ingle, the Board
approved Case 21SN0663, subject to the following proffered
conditions:
These Proffered Conditions includes two (2) Exhibits:
Exhibit A: Conceptual layout dated July 11, 2022 prepared by
Parker Design Group titled “O’Reilly Office & Retail Concept
Plan”.
Exhibit B: Conceptual images dated July 6, 2022 by McAllister
+ Foltz Architecture, PC.
1. Conceptual Layout. The Property shall be developed in
general conformance with the attached Concept Plan
prepared by Parker Design Group Inc. titled “O’Reilly’s
Office & Retail Concept Plan” dated March 29, 2021 with
revisions dated July 11,2022. (P)
2. Use. The property shall be used for two (2) single story
office/ commercial buildings. The property shall be used
for purposes permitted in locations zoned C-3, including
accessory permitted uses. (P)
3. Use Restrictions. The following uses shall not be
permitted: (P)
a) Automobile sales, repair, or rental
b) Funeral Home, crematorium, or mortuary
c) Warehouse
d) Flea market
e) Outside kennels and outside runs associated with
veterinary clinics and hospitals
f) Taxidermy
g) Coin operated dry cleaning or laundry services
h) Motor cycle sales and rentals
i) Theaters
j) Halfway house
k) Drive through window service
4. Square Footage. The total square footage of
office/commercial buildings at the property shall not
exceed fifteen thousand (15,000) square feet. (P)
5. Building Materials. The buildings shall be constructed in
general conformity with the attached Plan and Elevations
prepared by McAllister + Foltz Architecture, P.C.
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10/26/2022
Acceptable siding materials include brick, brick veneer,
stone, stone veneer, cultured stone, other masonry
materials, fiber cement siding (such as HardiPlank,
HardieShingle, and HardieTrim), or engineered wood siding
(such as LP SmartSide). Dutch lap, plywood, vinyl and
metal siding are not permitted. Other materials may be
used for parapets, cornices, surrounds, trim, awnings,
architectural decorations, and design elements. Roofing
material for a sloped roof shall be standing seam metal,
dimensional architectural shingles, or better with a
minimum of 25-year warranty. (P)
6. Architecture. The buildings constructed on the Property
shall be developed with an architectural appearance
generally consistent with the illustrative picture(s)
shown on Exhibit B. Owners and tenants will be permitted
to include prototypical or corporate buildings and
identification architectural elements in the design of
their building. The standard of compatibility may be met
through scale, materials, forms, and/or colors. Any
substantial modifications or deviations to the general
architectural appearance shown on Exhibit B and/or
deviation from compatibility shall be approved by the
Planning Commission in conjunction with plans review. (P)
7. Landscaping. Notwithstanding the landscaping on the
concept plan (Exhibit A), all county landscaping
requirements will be met. (P)
8. Public Utilities. Improvements at the Property shall be
connected to existing County utilities. (U)
9. Dumpster Service. Dumpster service for the property shall
be permitted only between the hours of 7:00 a.m. and 7:00
p.m. (P)
10. Environmental.
a. No new impervious areas shall sheet flow into the
Hampton Farms subdivision.
b. For any drainage to Hampton Farms subdivision, the
maximum post-development discharge rate for the 100-
year storm shall be based on the maximum capacity of
the existing facilities, and shall not increase the
recorded and /or established downstream 100-year
backwater and /or floodplain. On-Site detention of
the post-development 100-year discharge rate to
below the pre-development 100-year discharge rate
measured at the Property boundary may be provided to
satisfy this requirement.
c. Notwithstanding the foregoing, development of the
property shall be in conformance with all applicable
laws and regulations, including but not limited to,
the Chesterfield County Code.
d. Super Silt Fence, or an alternative as approved by
the Department of Environmental Engineering, shall
be provided as a perimeter control in locations where
standard silt fence would have been required.
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10/26/2022
e. Sediment traps and basins sized at least 25% larger
than the minimum Virginia Erosion and Sediment
Control Handbook’s standard shall be provided,
unless otherwise approved by the Department of
Environmental Engineering at the time of plans
review.
f. Anionic PAM, Flexible Growth Medium and/or a County-
approved equivalent shall be applied to denuded areas
during construction and at final stabilization in
the locations shown on plans approved by
Environmental Engineering at the time of plans
review. (EE)
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
22SN0009
In Midlothian Magisterial District, SJC Ventures Partners,
LLC, requests rezoning from Community Business (C-3) to
Community Business (C-3) plus conditional use to permit
dwellings, multiple-family and conditional use planned
development to permit exceptions to ordinance requirements
and/or development standards among other things, signage and
amendment of zoning district map in a Community Business (C-
3) District on 13.44 acres at the northeast quadrant of
Midlothian Turnpike and Alverser Drive, fronting approximately
835 feet along the east line of Alverser Drive, and
approximately 750 feet along the north line of Midlothian
Turnpike. Density will be controlled by zoning conditions or
ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Community Business use. Tax IDs
738-708-9068; 739-708-2268; 739-709-2408 and 6117.
Ms. Hall introduced Case 22SN0009. She stated staff received
no comments on the case, and the Planning Commission and staff
recommended approval subject to the conditions in the staff
report.
Mr. Winslow called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Carroll, seconded by Mr. Ingle, the Board
approved Case 22SN0009, subject to the following proffered
conditions:
The Owner-Applicant in this rezoning Case 22SN0009 pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, Virginia (the
“County”), for itself and its successor or assigns, proffers
that the development of the approximately 13.44 acres with
Chesterfield County Tax Identification Numbers
739708226800000, 739709611700000, 738708906800000, and
739709240800000 (collectively, the “Property”) will be
developed as set forth below; however, in the event the request
is denied or approved with conditions not agreed to by the
Owner-Applicant, these proffers shall be immediately null and
void and of no further
force or effect.
22-592
10/26/2022
The Applicant hereby proffers the following conditions
applicable to the Property:
1. Master Plan. The Textual Statement dated September 13,
2022, shall be considered the Master Plan for the
Property. (P)
2. Exhibits. These proffers shall include the following
exhibits which by this reference are made a part hereof:
a. Exhibit A— conceptual plan entitled, “DRAWING SP.16,
MIDLOTHIAN DEPOT, MIDLOTHIAN, VA”, prepared by SJC
Ventures, dated September 1, 2022 (“Concept Plan”).
b. Exhibit B— streetscape conceptual renderings dated
June 22, 2022 (the “Streetscape Conceptual
Renderings”).
c. Exhibit C— site section plan entitled, “HUGUENOT
ROAD MIXED USE, MIDLOTHIAN, VA, SITE SECTION”,
prepared by Dynamik Design and dated January 24,
2022 (“Site Section Plan”).
d. Exhibit D—open space conceptual renderings dated
September 2, 2022 (the “Open Space Conceptual
Renderings”).
e. Exhibit E—grocer and commercial conceptual
renderings entitled, “HUGUENOT ROAD MIXED USE,
MIDLOTHIAN, VA, 100/200 ELEVATIONS” prepared by
Dynamik Design and dated August 30, 2022 (the
“Grocer and Commercial Conceptual Renderings”).
f. Exhibit F— multifamily conceptual renderings
entitled, “HUGUENOT ROAD MULTIFAMILY, MIDLOTHIAN,
VA, BUILDING ELEVATIONS” prepared by Dynamik Design
and dated August 30, 2022 (the “Multifamily
Conceptual Renderings”).
g. Exhibit G—multifamily parking garage conceptual
renderings dated September 2, 2022 and revised
September 9, 2022 (the “Parking Garage Conceptual
Renderings”).
h. Exhibit H— rooftop amenity, swimming pool and
courtyard conceptual renderings dated September 2,
2022 (the “Rooftop, Pool and Courtyard Conceptual
Renderings”).
i. Exhibit I – sign exhibit entitled, “DRAWING SP.10 –
SIGN EXHIBIT, MIDLOTHIAN DEPOT, MIDLOTHIAN, VA”,
prepared by SJC Ventures and Dynamik Design, dated
June 30, 2022 and revised September 9, 2022 (“Sign
Exhibit”). (P)
3. Design Guidelines. The Development shall be designed as
generally depicted within the Concept Plan attached hereto
as Exhibit A and Site Section Plan attached hereto as
Exhibit C. The exact number, location and style of
buildings, drive areas, parking areas, common areas, open
spaces, pedestrian elements, features, and other
improvements shown on the Concept Plan are illustrative
and are subject to change as required for final
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engineering design, compliance with governmental
regulations or as otherwise approved at the time of plan
review. (P)
4. Burning Ban. The Developer shall not use burning to clear
or timber the Property. (P)
5. Transportation Density. The maximum density of this
development shall be 75,000 square feet of shopping plaza
with grocery store and 350 multi-family residential
dwelling units or equivalent density as determined by the
Transportation Department. (T)
6. Access. Direct vehicular access to/from the Property to
Midlothian Turnpike (Route 60) shall be limited to two
(2) entrances/exits, and Alverser Drive shall be limited
to one (1) entrance/exit, as generally shown on Exhibit
A. The exact location of each access shall be approved by
the Transportation Department. Prior to final site plan
approval with the vehicular access to Route 60 at the
Grove Road crossover, an access easement, acceptable to
the developer and approved by the Transportation
Department, shall be recorded from Route 60 to the
adjacent property to the east (GPIN 739-708-9084). (T)
7. Uses.
a. All uses permitted within the C-3 Community Business
District shall be permitted, except for the following
C-3 uses which shall be prohibited:
i. Assisted living without dwelling units
ii. Automobile repair
iii. Automobile sales and rental, including
consignment lots
iv. Automobile service station (including
unmanned)
v. Automobile wash
vi. Columbarium
vii. Crematorium
viii. Funeral homes
ix. Flea markets
x. Group care facility
xi. Hotel
xii. Ice sales
xiii. Kennel, commercial
xiv. Mortuary
xv. Motorcycle, Go Cart, All-Terrain Vehicle,
or similar type vehicle track or operation
xvi. Nursing home
xvii. Parking lot (park and ride)
xviii. Recycling receiving center
b. The only C-4 Regional Business District use permitted
shall be a grocery store. (P)
8. Utilities. Public water and wastewater systems shall be
used. The Developer shall submit an overall water and
wastewater system plan indicating the on-site and off-
site utilities improvements necessary to support the
development prior to the approval of any schematic,
tentative subdivision, construction, or site plan on the
Property. The Developer shall perform a hydraulic analysis
of the County’s water and wastewater systems to verify
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adequate capacity exists as part of the overall water and
wastewater system plan. Any capacity related improvements
required to support the demands of this development will
be reflected on the overall water and wastewater system
plan and shall be the responsibility of the Developer.
(U)
9. Stormwater.
a. The maximum post-development discharge rate for the
100-year storm shall be based on the maximum
capacity of the existing facilities downstream, and
shall not increase the recorded and/or established
100-year backwater and/or floodplain beyond pre-
development discharge rate. On-site detention of the
postdevelopment 100-year discharge rate to below the
pre-development 100-year discharge rate may be
provided to satisfy this requirement.
b. For any areas which will drain towards the downstream
Stonehenge subdivision, the post-development 1, 2,
10 and 100-year peak discharge rates shall not
exceed the pre-development 1, 2, 10 and 100-year
peak discharge rates, respectively. (EE)
10. Road Improvements. Prior to issuance of any certificate
of occupancy, the following road improvements shall be
completed, as determined by the Transportation Department
(the “Road Improvements”). The exact alignment, 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.
a. Off-site: Widen and restripe Alverser Drive to
provide one dedicated left-turn lane, one shared
leftthrough lane, and dual right-turn lanes on the
southbound approach to Route 60. This improvement
shall include associated traffic signal, pavement,
pavement marking, and signage modifications.
b. Off-Site: Convert the existing full-movement median
break on Route 60 at Grove Road to a directional
crossover to prohibit left-out movements from
existing Grove Road and the proposed Property access
as approved by the Transportation Department.
c. Off-Site: Modification to the northbound approach
(Murray Olds Drive) at the Route 60/Alverser
Drive/Murray Olds Drive to restripe lanes to provide
a dedicated left turn lane and a shared thru/right
lane, if approved by VDOT. This improvement shall
include associated traffic signal, pavement,
pavement marking, and signage modifications.
d. Widen Alverser Drive to provide a southbound left-
turn lane into the Huguenot Trade Center.
e. Extend the storage in the eastbound left-turn lane
on Route 60 at the existing Route 60/Grove Road
crossover/median break to provide an adequate left
turn lane into the Property.
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f. Construction of additional pavement along the
westbound lanes of Route 60 at each approved access
to provide a separate right-turn lane.
g. Construction of additional pavement along Alverser
Drive at the proposed full-movement driveway to
provide left and right turn lanes.
h. Construction of a VDOT standard sidewalk along Route
60 and Alverser Drive Property frontage.
i. Dedication to the County, free and unrestricted, of
any additional right-of-way (or easements) required
for the improvements identified above. (T)
11. Architectural Standards and Building Materials.
a. Architectural styles within the project shall
provide a variety of architectural features, as well
as a commonality of quality materials, finishes and
styles designed to impart harmonious proportions and
avoid monotonous facades or large bulky masses and
provide an overall cohesive character. Such
character may be achieved through the creative use
of design elements such as, but not limited to,
articulation of doors and windows, sculptural or
textual relief of facades, architectural
ornamentation, varied roof lines or other
appurtenances such as lighting fixtures and
plantings, and for residential buildings including
balconies or terraces. All buildings shall be
compatible with each other with respect to quality
of design, massing and architecture, unless
otherwise approved at the time of plan review.
b. Grocery store and non-residential, commercial/retail
buildings shall be generally consistent with the
building concepts shown on the Grocer and Commercial
Conceptual Renderings attached hereto as Exhibit E,
unless otherwise approved at the time of plan
review.
c. Any buildings containing multifamily or a mix of
residential and commercial/retail uses shall
generally be consistent with the building concepts
shown on the Multifamily Conceptual Renderings
attached hereto as Exhibit F, unless otherwise
approved at the time of plan review.
d. The multifamily parking garage shall generally be
consistent with the building concepts shown on the
Parking Garage Conceptual Renderings attached hereto
as Exhibit G, unless otherwise approved at the time
of plan review.
e. Any exposed metals or exterior insulation finishing
system (EIFS) shall not be located less than six (6)
feet from the ground adjoining the building, and is
permitted to be used primarily as an accent
material. (P)
12. Monument Signage. New monument signs shall generally be
consistent with the signs shown on the Sign Exhibit
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attached hereto as Exhibit I with respect to quality of
design, massing and architecture, and the variety of
features, unless otherwise approved at the time of plan
review. (P)
13. Recreational Uses. Common areas and recreational spaces
shall be provided with the multifamily residential
development and shall be designed to include amenities
that provide recreational opportunities, gathering areas,
and add high visual interest. These areas shall include
at a minimum the following: a club room, a pool, sundeck,
decorative pedestrian-style lighting, benches, landscaped
areas, plantings, bike racks and storage, other
pedestrian-friendly or community amenity features
approved by the Planning Director at the time of plans
review. The rooftop amenity, swimming pool and courtyard
shall generally be consistent with the concept shown on
the Rooftop, Pool and Courtyard Conceptual Renderings
attached hereto as Exhibit H, unless otherwise approved
at the time of plan review. (P)
14. Open Space and Pedestrian Connectivity. Overall site
grading and layout will be planned to facilitate
pedestrian traffic. The development shall provide
sidewalks, crosswalks, street trees, decorative
pedestrian-style lighting, landscaped areas, and open
green spaces to create a pedestrian-friendly community,
and such open green spaces and streetscapes shall
generally be consistent with the concepts shown on the
Streetscape Conceptual Renderings attached hereto as
Exhibit B and the Open Space Conceptual Renderings
attached hereto as Exhibit D, unless otherwise approved
at the time of plan review. (P)
15. Mechanical Unit; Trash Facilities Screening. Any
mechanical units shall be ground mounted or roof mounted.
Any mechanical units that are ground mounted, and trash
collection/compactor facilities (not including
convenience cans), shall be screened with landscaping or
a low maintenance material fence designed to complement
the architecture. Screening shall be designed so as to
block such mechanical units from view by persons on any
public streets. The specific method of screening shall be
approved at the time of plan review. (P)
16. Trash Collection. Trash collection shall be limited to
the hours of 7:00 a.m. to 7:00 p.m. Monday through
Saturday. (P)
17. Boat, Boat Trailer and RV Parking. Permanent boat, boat
trailer, trailer, inoperable or unlicensed vehicle, and
RV parking shall be prohibited on the Property. (P)
18. Residential Unit Mix. No more than ten percent (10%) of
all multifamily dwelling units within the Property shall
be permitted to contain three (3) or more bedrooms. (P)
19. Landscaping. Enhanced landscaping, Landscape ‘C’, shall
be provided along Midlothian Turnpike and Alverser Drive,
with the addition of an ornamental tree every thirty-five
(35) feet rather than fifty (50) feet. All traffic circles
and any roads with a boulevard design shall contain a
combination of medium and small shrubs, perennials, or
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ornamental trees. If utilities conflict with landscaping,
alternative landscaping will be identified at site plan
review. (P)
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
22SN0010
In Midlothian Magisterial District, SB Hotel, LLC requests
amendment of zoning approvals (Cases 07SN0333 and 20SN0508)
relative to the Master Plan, (including specified uses,
residential density allocation, drainage, architecture, and
development standards) plus rezoning from Residential (R-7) to
Regional Business (C-4) and conditional use planned development
to permit exceptions to ordinance requirements on 3.5 acres
and amendment of zoning district map in Regional Business (C-
4) and Residential (R-7) Districts on a total of 37.35 acres
including the above mentioned 3.5 acres known as 200 Karl Linn
Drive. Density will be controlled by zoning conditions or
ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Regional Mixed Use. Tax IDs 764-
705-7343, 9583; 764-706-1311, 4839; 765-705-4933 and 6518.
Ms. Hall introduced Case 22SN0010. She stated staff received
no comments on the case, and the Planning Commission and staff
recommended approval subject to the conditions in the staff
report.
Mr. Winslow called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Carroll, seconded by Mr. Carroll, the Board
approved Case 22SN0010, subject to the following conditions:
Condition 1 of Case 07SN0333 is hereby deleted in its entirety
and replaced with the following:
1. Master Plan. The Textual Statement dated September 21,
2022, shall be considered the Master Plan. (P)
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
22SN0025
In Matoaca Magisterial District, Sherri Walker requests
conditional use to permit a family day care home and amendment
of zoning district map in an Agricultural (A) District on 2.39
acres known as 6220 Claypoint Road. Density will be controlled
by zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Residential
Agricultural use. Tax ID 744-671-1850.
Ms. Hall introduced Case 22SN0025. She stated staff received
no comments on the case, and the Planning Commission and staff
recommended approval subject to the conditions in the staff
report.
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Mr. Winslow called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Carroll, seconded by Mr. Ingle, the Board
approved Case 22SN0025, subject to the following conditions:
1. Non-Transferable Ownership. This conditional use approval
shall be granted to and for Sherri A. Walker, exclusively,
and shall not be transferable nor run with the land. (P)
2. Expansion of Use. There shall be no exterior additions or
alterations to the existing structure to accommodate this
use. (P)
3. Signage. There shall be no signs permitted to identify
this use. (P)
4. Number of Children. This conditional use approval shall
be limited to providing care, protection, and guidance to
a maximum of twelve (12) children, other than the
applicant’s own children, at any one time. (P)
5. Days of Operation. This conditional use shall be permitted
to operate seven (7) days a week. (P)
6. Evening and Overnight Care of Children. A maximum of three
(3) children may be cared for in the evening and overnight
with the operator of the family day-care home, after the
hour of 6:30 p.m. (P)
7. Pick-up and Drop-off:
a. With the exception of three (3) children cared for
in the evening and overnight, pick-up and drop-off
shall be between the hours of 6 a.m. to 6:30 p.m.
b. Pick-up and drop-off for evening and overnight care
shall not occur later than 10 p.m. (P)
8. Time Limitation. This conditional use approval shall be
granted for a period not to exceed five (5) years from
the date of approval. (P)
9. Outdoor Play Areas. Any outdoor play area and/or
recreational equipment utilized by the family day care
home shall be confined to the rear deck where the
perimeter is secured or located in the side or rear yard
of the property no closer than ten (10) feet to the side
or rear property lines to be enclosed by perimeter fencing
of at least four (4) feet in height. (P)
10. Employees. No more than three (3) employees shall be
permitted to work on the premises, other than family
member employees that live on the premises. No overnight
care shall be provided by employees. (P)
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
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22SN0077
In Matoaca Magisterial District, Trevor and Karissa Batt
request conditional use to permit a second dwelling and
amendment of zoning district map in a Residential (R-88)
District on 2.23 acres known as 12507 Chesdin Crossing Drive.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Residential Agricultural use. Tax ID 739-627-
8324.
Ms. Hall introduced Case 22SN0077. She stated staff received
no comments on the case, and the Planning Commission and staff
recommended approval subject to the conditions in the staff
report.
Mr. Winslow called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Carroll, seconded by Ms. Carroll, the Board
approved Case 22SN0077, subject to the following proffered
conditions:
1. Occpancy Limitations: Occupancy of the second dwelling
unit shall be limited to the occupants of the principal
dwelling unit, individuals related to them by blood,
marriage, adoption or guardianship, foster children,
personal guests, and household employees. (P)
2. Deed Restrictions: For the purpose of providing record
notice, prior to the issuance of a certificate of
occupancy for the second dwelling unit, a deed restriction
shall be recorded setting forth the limitation in
Condition 1. The deed book and page number of such
restriction and a copy of the restriction as recorded
shall be submitted to the Planning Department (P)
3. Utility Connections: Should the property be legally
subdivided in the future, the owner shall establish
separate water connections to each dwelling unit, subject
to the review and approval of the Utilities Department.
The owner shall be responsible for all costs to establish
the new water connections, including the payment of
connection fees in effect at the time service is
initiated. (U)
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
22SN0078
In Matoaca Magisterial District, Heidi and William Parker
request conditional use to permit a two-family dwelling and
amendment of zoning district map in a Residential (R-25)
District on 0.92 acre known as 13455 Carters Creek Court.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Rural Residential/Agricultural use. Tax ID 730-
650-2846.
Ms. Hall introduced Case 22SN0078. She stated staff received
no comments on the case, and the Planning Commission and staff
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10/26/2022
recommended approval subject to the conditions in the staff
report.
Mr. Winslow called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Carroll, seconded by Mr. Holland, the Board
approved Case 22SN0078, subject to the following conditions:
1. Occupancy of the second dwelling unit shall be limited
to: the occupants of the principal dwelling unit,
individuals related to them by blood, marriage, adoption
or guardianship, foster children, guests and any domestic
servants. (P)
2. For the purpose of providing record notice, prior to the
issuance of a building permit for the proposed addition a
deed restriction shall be recorded setting forth the
limitation in Condition 1. The deed book and page number
of such restriction and a copy of the restriction as
recorded shall be submitted to the Planning Department.
(P)
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
22SN0092
In Bermuda Magisterial District, Rachel Hawk requests
conditional use to permit a two-family dwelling and amendment
of zoning district map in a Residential (R-7) District on 1.01
acres known as 15313 Hanover Street. 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 ID 828-
641-9293.
Ms. Hall introduced Case 22SN0092. She stated staff received
no comments on the case, and the Planning Commission and staff
recommended approval subject to the conditions in the staff
report.
Mr. Winslow called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
approved Case 22SN0092, subject to the following conditions:
1. Occupancy. Occupancy of the second dwelling unit shall be
limited to: the occupants of the principal dwelling unit,
individuals related to them by blood, marriage, adoption,
or guardianship, foster children, personal guests, and
household employees. (P)
2. Deed Restriction. For the purpose of providing record
notice, prior to the issuance of any building permit for
the property, a deed restriction shall be recorded setting
forth the limitation in Condition 1. The deed book and
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page number of such restriction and a copy of the
restriction as recorded shall be submitted to the Planning
Department. (P)
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
22SN0096
In Dale Magisterial District, Chesterfield County Planning
Commission (project commonly known as Meadowbrook High School
Sign) requests conditional use to permit a computer-controlled,
variable-message, electronic sign (EMC) sign plus conditional
use planned development to permit exceptions to ordinance
requirements and amendment of zoning district map in a
Residential (R-7) District on 50.99 acres known as 4901 Cogbill
Road. 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 ID 778-683-5373.
Ms. Hall introduced Case 22SN0096. She stated staff received
no comments on the case, and the Planning Commission and staff
recommended approval subject to the conditions in the staff
report.
Mr. Winslow 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. Carroll, the Board
approved Case 22SN0096, subject to the following conditions:
1. Sign Design and Location. The sign shall be designed and
located as generally shown on Exhibit A, titled
"Meadowbrook High School". (P)
2. EMC Component. The EMC component of the freestanding sign
shall comply with the following standards:
a. Excluding copy that includes only current time of
day or outdoor temperature, the interval of copy
change for the EMC is limited to one (1) minute.
b. Excluding copy that includes only current time of
day, date or outdoor temperature, copy changes
simultaneously.
c. Copy does not move, or give the illusion of movement,
such as, blink, scroll, flash, spin, fly in/out,
scintillate or similar effects; however, copy may
fade as transition to next copy.
d. Copy is limited to a still image or lines of text.
e. Displays shall be high resolution having no larger
than twelve (12) mm pixel pitch.
f. Sign defaults to blank copy if there is a malfunction
in device.
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10/26/2022
g. Sign does not display coordinated messages which are
intended to be continued on opposite sign face, other
signs on-site or signs off-site.
h. A photocell or other device is used that
automatically adjusts brightness according to
ambient conditions.
i. Brightness does not exceed 0.3 foot candles above
ambient light as measured at a distance in feet that
is the square root of the sign area in square feet
multiplied by 100. (P)
3. Sign Area. The freestanding sign shall not exceed an area
of 22.7 square feet, as shown on Exhibit A. (P)
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
22SN0097
In Midlothian Magisterial District, the Chesterfield County
Planning Commission (project commonly known as J.B. Watkins
Elementary School Sign) requests conditional use to permit a
computer-controlled, variable-message, electronic sign (EMC)
sign and amendment of zoning district in an Agricultural (A)
District on 21.04 acres known as 501 Coalfield Road. The
Comprehensive Plan suggests the property is appropriate for
Neighborhood Business and Suburban Residential II uses (2 to 4
dwellings per acre). Tax ID 729-705-0717.
Ms. Hall introduced Case 22SN0097. She stated staff received
no comments on the case, and the Planning Commission and staff
recommended approval subject to the conditions in the staff
report.
Mr. Winslow called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Carroll, seconded by Mr. Carroll, the Board
approved Case 22SN0097, subject to the following conditions:
1. Sign Design and Location. The sign shall be designed as
generally shown on Exhibit A. (P)
2. EMC Component. The EMC component of the freestanding sign
shall comply with the following standards:
a. Excluding copy that includes only current time of
day or outdoor temperature, the interval of copy
change for the EMC is limited to one (1) minute.
b. Excluding copy that includes only current time of
day, date, or outdoor temperature, copy shall change
simultaneously.
c. Copy does not move or give the illusion of movement,
such as blink, scroll, flash, spin, fly in/out,
scintillate or similar effects, however, copy may
fade as transition to next copy.
d. Copy is limited to a still image or lines of text.
e. Displays shall be high resolution having no larger
than twelve (12) millimeter pixel pitch.
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f. Sign defaults to blank copy if there is a malfunction
in device.
g. Sign does not display coordinated messages which are
intended to be continued on opposite sign face or
other signs on-site or off-site.
h. A photocell or other device is used that
automatically adjusts brightness according to
ambient conditions.
i. Brightness does not exceed 0.3 foot candles above
ambient light as measured at a distance in feet that
is the square root of the sign area in square feet
multiplied by 100. (P)
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
22SN0098
In Midlothian Magisterial District, the Chesterfield County
Planning Commission (project commonly known as Robious Middle
School) requests conditional use to permit an electronic
message center (EMC) sign plus conditional use planned
development to permit exceptions to ordinance requirements and
amendment of zoning district map in a Residential (R-40)
District on 49.45 acres known as 2701 Robious Crossing Drive.
The Comprehensive Plan suggests the property is appropriate
for Community Mixed Use, Conservation/Recreation and Low-
Density Residential uses (Maximum of 1 dwelling per acre). Tax
ID 740-717-2757.
Ms. Hall introduced Case 22SN0098. She stated staff received
no comments on the case, and the Planning Commission and staff
recommended approval subject to the conditions in the staff
report.
Mr. Winslow called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Carroll, seconded by Mr. Holland, the Board
approved Case 22SN0098, subject to the following conditions:
1. Sign Design and Location. The sign shall be designed as
generally shown on Exhibit A. (P)
2. EMC Component. The EMC component of the freestanding sign
shall comply with the following standards:
a. Excluding copy that includes only current time of
day or outdoor temperature, the interval of copy
change for the EMC is limited to one (1) minute.
b. Excluding copy that includes only current time of
day, date, or outdoor temperature, copy shall change
simultaneously.
c. Copy does not move or give the illusion of movement,
such as blink, scroll, flash, spin, fly in/out,
scintillate or similar effects, however, copy may
fade as transition to next copy.
d. Copy is limited to a still image or lines of text.
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10/26/2022
e. Displays shall be high resolution having no larger
than twelve (12) millimeter pixel pitch.
f. Sign defaults to blank copy if there is a malfunction
in device.
g. Sign does not display coordinated messages which are
intended to be continued on opposite sign face or
other signs on-site or off-site.
h. A photocell or other device is used that
automatically adjusts brightness according to
ambient conditions.
i. Brightness does not exceed 0.3 foot candles above
ambient light as measured at a distance in feet that
is the square root of the sign area in square feet
multiplied by 100. (P)
3. Sign Area. The sign area for the EMC component shall not
exceed an area of twenty-five (25) square feet, as shown on
Exhibit A. (P)
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
22SN0049
In Matoaca Magisterial District, Beach Road WW LLC requests
rezoning from Agricultural (A) to Residential (R-25) District
plus relief to street access requirements to permit more than
50 lots on a single public road and amendment of zoning
district map on 269.47 acres located at the terminus of Brandy
Oaks Boulevard beginning at the 10700 block, and proceeding
north 1,020 feet to the terminus of Brandy Oaks Boulevard at
the 10500 block; Also lying 1,640 feet along the east line of
Donegal Glen Subdivision; and lying approximately 4,700 feet
adjacent to the east line of Brandy Oaks Subdivision at the
terminus of Brandy Oaks Road. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Residential
Agricultural use. Tax IDs 731-658-5879; 732-656-1884; 733-655-
1304; 734-655-9838.
Mr. Feest introduced Case 22SN0098 and provided a summary of
the proposal. He stated a single-family community consisting
of a maximum of 150 single family dwellings on individual lots
is proposed. He further stated the applicant proposes
Residential zoning, which permits development on lots with a
minimum area of 25,000 square feet. He stated additionally,
relief to street access requirements for a proposed internal
street to be permitted to serve up to sixty-two single family
lots is requested. He further stated the Subdivision Ordinance
permits a maximum of fifty lots off one access point and relief
may be granted at time of zoning provided that the amount of
relief does not exceed the allowable number of lots permitted
off of one access point by more than 25 percent and that there
are existing severe topographic, physical or extenuating
circumstances, or environmental features that make it so there
are no other practical means of providing another access. He
noted a choke point exists on the property, meaning that the
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proposed lots to the south of the intersection would only be
served by one street access. He stated the Planning Commission
and staff recommended approval of Request I and Request II.
Ms. Kim Lacy, representing the applicant, provided a summary
of the proposal. She stated the applicant has proffered to
provide off-site improvements to address traffic impacts along
Brandy Oaks Boulevard, which includes installation of speed
display signs and traffic calming devices at the Brandy Oaks
Boulevard/Brandy Wood Road intersection, as approved by VDOT.
She further stated the applicant has proffered to provide off-
site sidewalk and crosswalk improvements to address citizen
requests/concerns. She stated the applicant’s evaluation of
these improvements is estimated to be $513,700, as well as
payments of $4,742 for each single-family dwelling unit, which
would total $711,300.
Mr. Winslow called for public comment.
The following individuals expressed support of the case noting
support for the proffered conditions, specifically calling out
those that aim to address traffic impacts of the development;
belief that the applicants went above and beyond what is
typically expected; and overall positive experience working
with developers as they addressed concerns raised by community
members:
Ms. Beth Claypool
Ms. Courtney Lalich
The following individuals expressed concerns relative to Brandy
Oaks Boulevard traffic impacts (speeding, increased traffic,
and pedestrian safety; impacts to wetlands and wells in Brandy
Oaks and Donegal Glen; and connection to stub roads:
Ms. Megan Dalton
Mr. Wes Palmer
Ms. Kimberly Phelps
Mr. Paul Emerson
Mr. Al McEllen
There being no one else to speak to the issue, the public
hearing was closed.
Mr. John Costello, also representing the applicant, clarified
and addressed various issues brought up by speakers. He noted
the only stub road connections made would be to those in Brandy
Oaks as the request does not include property that abuts any
Donegal Glen stub roads.
Discussion and questions ensued relative to Transportation
staff’s denial of the request because the applicant has chosen
not to fully address the development’s impact on the county’s
road network in accordance with the Road Cash Proffer Policy;
off-site sidewalk and crosswalk improvements; and details of
the county’s Thoroughfare Plan.
Mr. Ingle clarified amending the proffer to permit connectivity
to any Donegal Glen stub roads would require a vote by a future
Board of Supervisors.
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10/26/2022
Discussion and questions ensued relative to the proposal;
impacts of stormwater runoff to wells in Brandy Oaks and
Donegal Glen; relief to street access requirements for a
proposed internal street to serve the sixty-two lots proposed;
traffic calming device installation at the Brandy Oaks
Boulevard/brandy Wood Road intersection; sidewalk
installation; and future school capacity.
On motion of Mr. Carroll, seconded by Ms. Carroll, the Board
approved Case 22SN0049, subject to the following proffered
conditions:
1. Conceptual Plan. Development of the Property shall
generally conform to the Conceptual Plan (Exhibit A),
prepared by Sekiv Solutions, with respect to the general
layout of roads, design of lots, open space and a focal
point. The layout on the Conceptual Plan is conceptual in
nature and may vary based on the final subdivision plan
depending on final engineering or as otherwise approved
by the Planning Director at the time of plans review. (P)
2. Utilities. Public water systems shall be used. (U)
3. Road Cash Proffers.
A. The applicant, sub-divider, or assignee(s) (the
“Developer”) shall pay $4,742 for each single family
detached dwelling unit to Chesterfield County for
road improvements within the service district for
the property (“Road Cash Proffer Payment”). Each Road
Cash Proffer Payment shall be made prior to the
issuance of a certificate of occupancy 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 be in addition to, any impact fees,
in a manner determined by the County.
B. At the option of the Transportation Department, Road
Cash Proffer Payment may be reduced for the cost of
road improvements, other than those identified in
Proffered Condition 4, provided by the applicant,
sub-divider, or assignee(s), as determined by the
Transportation Department. (CDOT)
4. Road Improvements. The following road improvements shall
be provided. The Transportation Department shall approve
the exact design and length of these improvements.
A. East/West Collector:
i. In conjunction with recordation of the initial
subdivision plat or within ninety (90) days of
a written request by the Transportation
Department, whichever occurs first, a seventy
(70) foot wide right-of-way through the
property for an “East/West Collector” shall be
dedicated, free and unrestricted, to and for
the benefit of Chesterfield County. Dedication
shall provide for the connections to both
existing segments of Brandy Oaks Boulevard. The
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exact location of this right-of-way shall be
approved by the Transportation Department.
ii. Prior to preliminary plat approval, an access
plan for the East/West Collector shall be
submitted to and approved by the Transportation
Department. Vehicular access from the Property
to the East/West collector shall conform to the
approved access plan.
iii. The Developer shall be responsible for the
following road improvements with modifications
approved by the Transportation Department:
1. Construction of a two (2) lane road for
the East/West Collector to VDOT Urban
Collector standards (40 mph) from existing
termini at both Brandy Oaks Boulevard
intersections, through the Property, to
the eastern Property line,
2. Construction of left and right turn lanes
at the intersection of the north and south
Brandy Oaks Boulevard extensions,
3. Construction of left and right turn lanes
along the East/West Collector at each
approved public road intersection, based
on Transportation Department standards,
4. Construction of VDOT standard sidewalks
along both sides of the East/West
Collector, unless otherwise approved by
the Transportation Department, and
B. Off-Site: Installation of two (2) pole mounted
digital speed display signs on Brandy Oaks Blvd as
approved by VDOT. The owner/developer shall be
responsible for dedication of any additional right-
of-way (and/or easements) required for this
improvement. Improvement shall be completed prior to
recordation of any residential lot(s).
C. Off-Site: Installation of traffic calming device(s)
at the Brandy Oaks Boulevard/Brandy Wood Road
intersection, as approved by VDOT. This improvement
may implement traffic calming measures identified in
VDOT Traffic Calming Guide or combination thereof.
Improvement shall be completed prior to recordation
of a cumulative total of more than Fifty (50)
residential lots.
D. Off-Site: Construction of VDOT standard five (5) foot
wide concrete sidewalks and associated crosswalk
improvements (ramps, pavement markings, signage,
etc.) in the following locations, unless
modifications required for VDOT approval, as
determined by the Transportation Department, as
generally shown on Exhibit C. Improvement shall be
completed prior to recordation of a cumulative total
of more than one hundred (100) residential lots,
unless otherwise requested by the Developer and
approved by the Transportation Department.
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i. Along one-side of Brandy Wood Road from the
Property’s western property line to the Brandy
Oaks Boulevard/Brandy Wood Road intersection
and associated crosswalks improvements
(approximately 800 feet);
ii. Along one side of Brandy Oaks Boulevard from
the intersection of Brandy Oaks
Boulevard/Brandy Wood Road to the existing
northern terminus of Brandy Oaks Blvd and
associated crosswalk improvements
(approximately 1,400 feet);
iii. Along one-side of Brandy Oaks Boulevard from
the Property’s northern property line to the
Brandy Oaks Boulevard/Springford Parkway
intersection and associated crosswalk
improvements (approximately 1,900 feet);
iv. Along one-side of Brandy Oaks Boulevard from
Willowcrest Lane to the Beach Road intersection
and associated crosswalk improvements
(approximately 700 feet).
E. Dedication of any additional right-of-way (and/or
easements) required for the road improvements
identified above. (CDOT)
5. Access. To the South of the Choke Point Intersection as
shown on Exhibit D, no more than sixty-two (62) Building
Permits shall be allowed until an additional access point
has been constructed. (P)
6. Density. A maximum of one hundred and fifty (150) units
shall be permitted on the property. (P)
7. Open Space/Pedestrian Areas. There shall be a minimum of
one (1) pocket park on the property. This open space shall
consist of uses such as a playground, open game field,
gazebo, fire pit, benches, nature trails and any other
outdoor amenities as approved by the Planning Director at
the time of Site Plan Review. (P)
8. Stormwater.
A. Any stormwater management BMP or stormwater
conveyance that outfalls towards existing recorded
subdivision lots must be designed to discharge the
post-developed 100-year storm at the 100-year
predeveloped rate.
B. No new impervious areas shall sheet flow into the
Brandy Oaks and Donegal Glen subdivisions.
C. Drainage from the proposed development shall not
discharge directly to the rear of lots of Section 8
and/or of Section 2 in the Brandy Oaks subdivision.
Runoff towards these lots shall be collected and
diverted to a receiving channel, as approved by the
Department of Environmental Engineering at the time
of plan review.
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10/26/2022
D. For any drainage to Brandy Oaks subdivision, the
post-development 1, 10, and 100-year peak discharge
rates shall not exceed the pre-development 1, 10,
and 100-year peak discharge rates, respectively.
E. For any drainage to Donegal Glen subdivision, the
maximum post-development discharge rate for the 100-
year storm shall be based on the maximum capacity of
the existing facilities, and shall not increase the
recorded and/or established downstream 100-year
backwater and /or floodplain. On-site detention of
the post-development 100-year discharge rate to
below the pre-development 100-year discharge rate
measured at the Property boundary may be provided to
satisfy this requirement. (EE)
9. Buffer.
A. A 75’ buffer shall be retained along the rear of any
lot(s) adjoining a lot within Brandy Oaks and Donegal
Glen. This buffer shall be separate from any lot and
managed by the Homeowners Association for such lots.
B. No walking trails shall be constructed within such
buffer.
C. Necessary stormwater management measures, such as
ponds or BMPs, shall be permitted to be constructed
within such buffer but must be a minimum of 50’ from
the property line of the existing Brandy Oaks and
Donegal Glen lots. if a pond, BMP or BMP outfall is
required within the buffer, then additional trees
and/or landscaping shall be installed to offset the
impact from such pond or BMP. (P)
10. Entrance. Entrance signage to designate the neighborhood
shall be placed at the entryways into the subdivision from
Brandy Oaks Blvd. and Brandy Wood Rd. (P)
11. Construction Traffic and Signage.
A. All construction traffic for the development of the
Property shall be permitted only from North Brandy
Oaks Blvd. The public road connection to South Brandy
Oaks Blvd. will not occur until the 50th building
permit. The public road connection to Brandy Wood
Road will not occur until the 50th building permit.
B. Prior to commencing any construction activity, these
restrictions shall be posted in English and Spanish
on a 2’x2’ sign that is clearly legible from the
public right of way at the entrance to the
development. Such sign shall be maintained by the
developer and shall remain until all construction
activity is complete. (P)
12. Development Standards. Exhibit B provides illustrative
pictures of the architectural appearance for single family
homes to be constructed on the Property. These
illustrative pictures are conceptual in nature, and the
final elevations may use a different type of architectural
style, materials and architectural detailing from what is
shown so long as the variety of the architectural elements
represented by the illustrative pictures is maintained.
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10/26/2022
In addition to any other requirements set forth herein,
the Applicant shall comply with the following:
A. Residential Design Elements.
i. Driveways/Walkways.
1. Driveways
a. All private driveways shall be
constructed from concrete, exposed
aggregate concrete, concrete pavers,
stamped concrete, brick, or asphalt.
b. Front walks. A minimum of a 3-foot-
wide front walkway consisting of
concrete, exposed aggregate concrete,
concrete pavers, stamped concrete or
brick shall be provided between the
front entrance of each dwelling unit
and adjacent drives, sidewalks or
streets.
ii. Landscaping.
1. Front Foundation Planting Beds. Foundation
planting is required along the entire
front façade of all units and shall extend
along all sides facing a street.
Foundation Planting Beds shall be a
minimum of four (4) feet wide from the unit
foundation. Planting beds shall include
medium shrubs, spaced a maximum of four
(4) feet apart. The plant materials used
should visually soften the unit corners
and complement the architecture of the
home at their mature sizes. Planting bed
deviations may be approved by the Planning
Department at time of plans review due to
unique design circumstances.
iii. Fences. Chain link fences shall not be
permitted.
iv. Residential Architecture and Materials.
1. Style and Form. The architectural
treatment of the homes shall be
generally compatible and consistent
in quality to the architectural
standards of the elevations as shown
in Exhibit B, “House Images”.
Significant deviations may be
approved by the Planning Director
during subdivision plan review.
2. Materials. Acceptable siding
materials include brick, stone,
masonry, fiber cement siding (such as
HardiePlank, HardieShingle, and
HardieTrim), premium vinyl with a
minimum wall thickness of .044
inches, or engineered wood siding
(such as LP SmartSide), or other
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10/26/2022
comparable material as approved by
the Planning Director at time of
plans review. Dutch lap and plywood
siding are not permitted. Other
materials may be used for trim,
architectural decorations, or design
elements provided they blend with the
architecture of the dwelling.
3. Step-down Siding. For dwelling units
stepping the siding down below the
first floor shall be permitted on the
side and rear elevations that do not
front on a street, with a maximum of
two (2) steps permitted on any
elevation. A minimum of 24 inches of
exposed brick or stone shall be
required, unless a lesser amount is
approved by the Planning Department
at time of plans review due to unique
design circumstances.
4. Variation. Buildings with the same
front elevation may not be located
adjacent to, directly across from, or
diagonally across the street from
each other on the same street.
Variation in the front elevation to
address the previous sentence may be
accomplished by providing at least
two (2) of the following
architectural changes:
a. adding or removing a porch or
covered entry or increasing or
decreasing the length of the
porch or entry
b. varying the location and/or
style of a front facing gable(s)
c. alternating the location of the
garage
d. providing different materials
and/or siding types on at least
50% of the elevation
e. providing a different roof
type/roof line.
5. Roof Materials. Roofing materials
shall be standing seam metal or
dimensional architectural shingles or
better with a minimum 30-year
warranty.
6. Porches and Stoops. Front stoops and
porches shall be constructed with
continuous foundation walls or with
masonry piers to match the foundation
of the home.
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10/26/2022
7. Garages. Only side-loaded garages
will be permitted. Side-loaded
garages shall have a minimum of three
(3) enhanced features. Enhanced
features shall include windows,
raised panels, decorative panels,
arches, hinge straps or other
architectural features on the
exterior that enhance the entry (i.e.
decorative lintels, shed roof
overhangs, arches, columns,
keystones, eyebrows, etc.). Flat
panel garage doors are prohibited.
8. Heating, Ventilation and Air
Conditioning (HVAC) Units and House
Generators. Units adjacent to public
right of way shall be screened from
view by landscaping or low
maintenance material, as approved by
the Planning Department. (P)
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
21SN0695
In Bermuda Magisterial District, Bellwood Commons LLC requests
rezoning from General Business (C-5) to Regional Business (C-
4) with conditional use to permit multifamily and townhouse
uses plus conditional use planned development to permit
exceptions to ordinance requirements and amendment of zoning
district map on 39.71 acres known as 9201 Route 1. Density will
be controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Regional Mixed Use. Tax IDs 793-670-5113, 8762, and 794-670-
8416.
Mr. Ramsey introduced Case 21SN0695 and provided a summary of
the proposal. He stated rezoning from General Business (C-5)
to Regional Business (C-4) with a conditional use to permit
multifamily (apartments and stacked one-over-one condominium
dwellings) and townhouse uses plus conditional use planned
development to permit exceptions relative to uses and
development standards. He further stated exceptions are
requested for a use exception to permit accessory neighborhood
recreational amenities and exceptions to the Northern Route 1
Design District standards. He stated the property is located
within the Bellwood Neighborhood Concept Plan, part of the
Northern Route 1 Special Focus Area Plan adopted in April 2018.
He further stated a mixed-use development, commonly known as
Bellwood Commons, is proposed. Redevelopment of the Bellwood
Outdoor Flea Market is planned. He stated a mix of commercial
uses, apartments, condominium, and townhouse dwellings with
neighborhood recreational amenities are proposed. He further
stated residential density for the property will be limited to
a total of 658 dwelling units. He noted a maximum of 298
apartment dwellings and 360 condominium/townhouse dwellings
are proposed. He stated both the Planning Commission and staff
recommended approval.
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10/26/2022
Mr. Jeff Geiger, representing the applicant, provided
additional details relative to the proposal. He stated the
proposal offers a high-density residential development that
will serve as the first major redevelopment project since the
adoption of the Northern Route 1 Special Focus Area Plan. He
further stated traditional neighborhood design elements such
as enhanced community amenities, dwellings oriented towards or
located near programmed common areas, a shared-use path along
Route 1 and Willis Road, urban-style streetscape designs, and
urban architectural character for the commercial and apartment
buildings will be used. He stated the development will also
provide a high-quality, visually attractive commercial and
residential development with unique housing options that will
serve as a reference point for future redevelopment projects
in the Bellwood Neighborhood.
Discussion and questions ensued relative to opportunities to
work with the applicant on possible commercial/retail
development for the “Future Development Area” and the time
period in which commercial use is identified.
Mr. Winslow called for public comment.
The following individuals spoke to the request, specifically
noting the proposal’s lack of conformance with the Northern
Route 1 Special Area Plan that encourages an urbanized
development concept, inadequate amount of guaranteed
commercial space, limited time frame to find commercial users
for the “Future Development Area” tract, the number of
exceptions requested to the adopted standards, and the need to
increase density and provide further mixing of uses to fully
realize the Plan’s vision for the property:
Ms. Renee Eldred
Mr. Jim Bolling
Ms. Kim Marble
Mr. Phil Cunningham
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Ingle then read his imposed condition:
The following Imposed Condition replaces Proffered Condition
3.
1. Future Development Area. The Future Development
Area, as labeled and shown on the Conceptual Plan,
shall not be used for a residential use unless the
residential use is vertically integrated with
commercial uses located on at least the ground/first
level of the building (no residential units on the
ground/first level of the building). Any buildings
and other structures constructed within the Future
Development Area shall be constructed with
architectural design, building materials, and
landscaping that shall complement the architectural
design, the building materials and the landscaping
used in the design and construction of Building 1
and the landscaping around Building 1. (P)
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10/26/2022
The following Imposed Condition deletes the last two sentences
in Proffered Condition 21 and Proffered Condition 29 and
provides the following new condition.
2. Variation in Front Elevations. Townhouse and
Condominium buildings with the same front elevation
may not be located adjacent to or directly across
from each other on the same street. This requirement
does not apply to dwellings on different streets
backing up to each other. Variation in the front
elevation may not be achieved by simply mirroring
the façade, but may be accomplished by providing at
least three (3) of the following architectural
changes:
i. adding or removing masonry for the front
elevation of the first floor unit;
ii. providing a different roof line along the
front elevation using gables that contain or do
not contain architectural detail (such as a
gable bracket) within and at the point in the
gable;
iii. providing a clipped roof corner on each
end of a building;
iv. providing varied siding application using
horizontal siding, shake siding and board and
batten siding;
v. adding a roof or awning over the main
entrance on a minimum of one unit in a three
unit building and a minimum of two units in a
4+ unit building;
vi. alternating the color themes with respect
to siding and/or doors; and
vii. any other element of architectural
variation as approved by the Director of
Planning.
This condition does not authorize review and approval
of muntins, trim and other architectural trim
details. (P)
The applicant agreed to Mr. Ingle’s imposed condition with the
exception offered by the applicant to delete the last two
sentences in Proffered Condition 21 and Proffered Condition
29.
Mr. Ingle stressed the importance of the proposal representing
a significant private investment in the Route 1 corridor,
removes existing C-5 zoning from the property, and addresses
potential impacts resulting from additional residential
development with a road cash proffer payment. He noted the
project will also serve as a catalyst for additional commercial
redevelopment opportunities and enhancements around the
property and along the corridor.
Mr. Holland concurred with Mr. Ingle’s comments.
Mr. Ingle then made a motion, seconded by Mr. Carroll, for the
Board to approve Case 21SN0695, subject to the following
proffered conditions:
The property owners 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 (the
“Zoning Ordinance”), for themselves and their successors or
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10/26/2022
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 owners and applicant. In the event this request is denied
or approved with conditions not agreed to by the owners and
applicant, the proffer shall immediately be null and void and
of no further force or effect.
These Proffered Conditions include seven (7) Exhibits attached
hereto:
Exhibit A: “Bellwood Commons”, prepared by Balzer & Associates
dated September 20, 2022 (“Conceptual Plan”).
Exhibit B: Townhome Elevations dated September 28, 2021.
Exhibit C: Condominium Building Elevations dated September 28,
2021.
Exhibit D: Multifamily Building Elevations May 16, 2022.
Exhibit E: Modifications to Northern Route 1 Highway Design
District Standards.
Exhibit F: Modifications to R-MF District Standards.
Exhibit G: Modifications to R-TH District Standards.
APPLICABLE TO ALL
1. Master Plan. The Textual Statement dated September 22,
2022, shall be considered the Master Plan. (P)
2. Conceptual Plan. The site shall be developed in general
conformance with the Conceptual Plan. The Conceptual Plan
is conceptual in nature and may vary based on the final
site plan depending on the final tract lines, soil
studies, RPA lines, road design, building and /or lot
locations, parking area design, parking area locations,
amenity and common area locations, building footprints,
BMP design and location, and other design or engineering
reasons. Any substantive changes that do not relate to
the prior sentences shall be approved by the Planning
Commission at the time of plans review. (P)
4. Willis Commercial Building. The commercial building
identified as “3-Story BLDG 6,000 S.F./Floor” may be
constructed as a one-story, two-story or three-story
building depending on the needs of one or more commercial
users, as determined by the owner of the Property at the
time the building is designed. (P)
5. Residential Density. Residential density shall be limited
to a maximum of 298 apartment home dwellings and 360
condominium dwellings and/or townhome dwellings. (P)
6. Utilities.
a. Public water and wastewater shall be used.
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b. The owner of the Property shall perform a hydraulic
analysis of the County’s adjacent wastewater system
to verify adequate capacity exists for the proffered
density prior to site plan approval. Any capacity
related improvements required to support the demands
of this project shall be reflected on the site plan
and shall be the responsibility of the owner of the
Property up to the proffered density. (U)
7. Sidewalks. Sidewalks shall be provided on both sides of
all interior public and private roads. Prior to any
subdivision or site plan approval, whichever first occurs,
the owner of the Property shall provide a pedestrian
access plan identifying sidewalks and/or pedestrian paths
and/or trails that provide one or more links between
sidewalks and the portions of the Property identified as
Common Area on the Conceptual Plan. (P)
8. Lighting. Decorative street lights with a residential
character and a non-glare design shall be provided.
Street lights shall have a maximum height of fifteen (15)
feet. The location of the street lights shall be
established by a lighting plan to be submitted and
approved at the time of plans review. (P)
9. Trees Along Streets. Trees along streets shall be planted
as required by the Zoning Ordinance and, at a minimum,
there shall be one (1) small deciduous tree planted in
front of each stacked condominium and townhome, as
applicable, as well as trees planted along streets, aisles
and parking areas, as generally shown on the Conceptual
Plan. The exact location and type of trees to be planted
shall be shown on the landscape plan submitted at the time
of plans review. In the event of conflicts with
utilities, easements, sightlines, entrances and other
conflicts, the required spacing shall be increased. These
trees may be located between interior public and private
roads and the sidewalk or in a yard so long as the tree
is maintained by the property owners’ association or
condominium association, as applicable. (P)
10. Amenities.
a. Tract 1 Amenities for Residential Uses. Building 1
shall provide on the ground floor a minimum of 5,000
square feet, in the aggregate, for a community
gathering area, fitness room and other amenity uses.
Building 1 shall also provide an exterior pool area
in the general location illustrated on the Conceptual
Plan. Part of the area around the pool shall be
“hardscaped” (concrete, asphalt or pavers). The pool
shall be constructed simultaneously with Building 1,
weather permitting.
b. Serving Tract 2. The following improvements shall be
provided in any one or more of the areas identified
as Common Area on the Conceptual Plan: (i) a covered
pavilion a minimum of 500 square feet in covered
area, and (ii) two or more of the following: play
area, a second covered pavilion, fire pit, outdoor
game area, benches, hardscaped patio area, outdoor
eating area or other similar improvements.
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c. Phasing of Common Areas. The Common Area adjacent to
the rear of building C25-C29 and the rear of building
C42-C46, as both buildings are labeled on the
Conceptual Plan, shall be constructed prior to the
issuance of the first certificate of occupancy within
building C25-C29 or building C42-C46. The Common
Area adjacent to the rear of building C75-C78 and
the rear of building C88-C91, as both buildings are
labeled on the Conceptual Plan, shall be constructed
prior to the issuance of the first certificate of
occupancy within building C75-C78 or building C88-
C91. (P)
11. Fence.
a. A 6’ high black vinyl coated chain link fence, or
other fence material specifically requested and
approved at the time of plans review (the “Fence”),
shall be erected along the southern property line in
a location(s) to be provided at the time of plans
review. The Fence may be modified to include
openings or gates for vehicular and/or pedestrian
passage between adjacent parcels.
b. A 6’ high fence shall also be erected along the rear
property line at the rear of buildings C115-C126, as
labeled on the Conceptual Plan, or along the project
boundary line behind those buildings in an
alternative location only if permitted by
Chesterfield County at the time of plans review and
approval. This fence shall be designed to provide
privacy and screening for the rear yard of these
dwelling units. (P)
12. Access.
a. Direct vehicular access from the Property to Willis
Road shall be limited to one (1) entrance/exit, with
the exact location approved by the Transportation
Department. This entrance/exit shall permit full
access.
b. Direct vehicular access from the Property to Route 1
shall be limited to two (2) entrances/exits with the
exact locations approved by the Transportation
Department. The southern entrance/exit (“South
Access”) shall permit full access and the northern
entrance/exit (“North Access”) shall be limited to a
right-in/right-out access. (T)
13. Road Improvements. Unless otherwise noted below, prior to
issuance of any certificate of occupancy, the following
road improvements shall be completed by the owner or by
others. Any modification to the alignment, provision,
design and length shown on the Conceptual Plan and/or
specified below 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.
a. Construction of a VDOT standard shared-use path along
the east side of Route 1 and the south side of Willis
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Road for the entire Property frontage unless another
design standard and/or location is approved at the
time of plans review. The construction of the
shared-use path along the Future Development Area’s
frontage on Route 1 shall be completed prior to
issuance of a certificate of occupancy on the Future
Development Area.
b. Construction of a three (3) lane typical section at
the full access to Route 1 and the full access to
Willis Road (i.e., two (2) outbound lanes and one
(1) inbound lane).
c. Construction of additional pavement along Willis
Road at the approved access to provide left and right
turn lanes with 200-foot storage lane. If VDOT does
not approve the Willis Road access for left-in
access, then the left turn lane will not be required.
Improvement shall be completed in conjunction with
the Willis Road approved access.
d. Construction of additional pavement along westbound
lanes of Willis Road at the Route 1/Willis Road
intersection to provide for dual left turn lanes with
300 feet of storage.
e. Construction of additional pavement along northbound
Route 1 at the Willis Road intersection to extend
the existing right turn lane to provide 200 feet of
storage.
f. Traffic signal modifications at the Route 1/Willis
Road intersection to accommodate road improvements.
g. Construction of additional pavement along southbound
Route 1 at the South Access to provide a left turn
lane with 200-foot storage lane. This improvement
shall be completed with any plan proposing this
access.
h. Construction of additional pavement along northbound
Route 1 at the South Access to provide a right turn
lane. No dedication of off-site right of way shall
be required for the construction of this pavement.
This improvement shall be completed with any plan
proposing this access.
i. Construction of additional pavement along northbound
Route 1 at the North Access to provide a right turn
lane with 100 feet of storage and 100 feet of taper
This improvement shall be completed with any plan
proposing this access.
j. Construction of the road segment from Willis Road to
the stub connection to the eastern adjacent property
to VDOT standards as a public road for maintenance
by VDOT. This public road segment will provide
access to Willis Road for the properties to the east
as generally illustrated on the Conceptual Plan.
k. Dedication to the County or VDOT, as applicable, free
and unrestricted, of any additional right-of-way or
easements required for the improvements identified
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above. In the event the developer is unable to
acquire any “off-site” right-of-way that is not
located on property owned by the applicant and only
if such third-party off-site right-of-way is
necessary for the road improvements described in this
proffered condition, the developer may request, in
writing, that the County acquire such right-of-way
as a public road improvement. All costs associated
with the acquisition of the right-of-way shall be
approved and borne by the developer. Only if the
County chooses not to assist the developer in
acquisition of the “off-site” right-of-way on land
that is not owned or otherwise controlled by the
applicant, then the developer shall be relieved of
the obligation to acquire the “off-site” right-of-
way and shall provide the road improvements within
available right-of-way as determined by the
Transportation Department and the road improvements
provided within available right of way shall be
deemed to satisfy the applicable requirement in this
proffered condition. (T)
14. Special Setback along Interstate-95 (Limited Access
Road). For residential uses along the Property’s frontage
to Interstate 95, a limited access road, provide a 200-
foot natural vegetation area, as measured from the
existing right-of way line of Interstate 95. At time of
plans review, the Transportation Department may reduce
this distance requirement based upon an acceptable noise
study provided by the Owner/Developer. Natural vegetation
within the area shall be retained, unless (i) it is
determined by the Transportation Department at the time
of plan review that limited removal is necessary to
accommodate installation of noise attenuation measures,
or (ii) disturbance is needed for utilities or drainage
purposes based on approved plans. The limits and
requirements of this setback shall be shown on the final
plan and/or plat (if applicable). (T)
15. Buffer Areas. Within Tract 2, buffers shall be provided
in the locations labeled as “Buffer” on the Conceptual
Plan. The width of these buffers shall be as noted as a
part of the label for that particular buffer. For
example, “25’ Buffer” means a 25’ wide buffer shall be
provided in the area so labeled. These buffers shall not
be located within lots and shall be maintained by the
property owners’ association. In the event the land
adjacent to the 25’ Buffers along the northern property
line in Tract 2 is developed for a stacked unit dwelling
or a townhome dwelling, then the 25’ Buffer along the
northern property line and the Fence along the rear of
buildings C115-C126 shall no longer be required provided
that it is replaced with a landscaped area at least 10
feet in width on the Property. (P)
16. Flea Market Use. The existing Outdoor Flea Market Use
shall be discontinued no later than the earlier of (i)
the issuance of the first certificate of occupancy within
Tract 1, or (ii) the issuance of the first (1st)
certificate of occupancy within Tract 2. (P)
17. Central BMP and Common Area. The central “SWM/BMP” located
adjacent to Tract 1, as shown on the Conceptual Plan,
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shall be landscaped and improved so that the facility is
a visual amenity for the project. The design of this
visual amenity shall be consistent with what is
illustrated on the Conceptual Plan and shall use a
fountain aerator. This central “SWM/BMP” shall be
constructed prior to the issuance of the certificate of
occupancy for Building 1. The Common Area along the
southern boundary line of the project shall be constructed
prior to the issuance of the 50th certificate of occupancy
within Tract 2. (EE & P)
18. Common Area Ownership. Portions of Tract 2 that are not
located within a condominium unit and are not located
within a lot shall be maintained by, and be the sole
responsibility of, the developer and/or owner of Tract 2,
unless and until the developer and/or owner conveys such
areas to a nonprofit corporate owner, whose member shall
be the individual owners of the dwelling units in Tract
2, or to a nonprofit council of co-owners as provided
under the Code of Virginia. The land shall be conveyed
to, and be held by, the nonprofit corporate owner or the
nonprofit council of co-owners and used solely for the
recreational, circulation, and parking purposes of the
individual owners of dwelling units within Tract 2. If
the developer and/or owner makes the conveyance to a
nonprofit corporate owner, deed restrictions and
covenants, in a form and substance satisfactory to the
county attorney, shall provide, among other things, that
any assessments, charges and costs of the maintenance of
such areas shall constitute a pro rata lien against the
individual condominium unit or townhouse lots, inferior
in dignity only to taxes and bona fide duly recorded deeds
of trust on each condominium unit or townhouse lot. (P)
19. Fence Restriction for Side Yard of Townhome Lots. The
deed restrictions and covenants set forth in Condition 18
above shall also restrict the placement of fences in side
yards and rear yards of townhome lots, if any, so that
fence placement within side yards and rear yards do not
prevent access around buildings containing townhome
dwelling units. (P)
20. Environmental.
a. For any drainage towards the northwest under Willis
Road and Route 1, the post-development 1, 2, 10 and
100-year peak discharge rates shall not exceed the
pre-development 1, 2, 10 and 100-year peak discharge
rates, respectively.
b. For any drainage to the southeast towards the
existing culvert under I-95, the maximum post-
development discharge rate for the 100-year storm
shall be based on the maximum capacity of the
existing facilities, and shall not increase the
recorded and /or established downstream 100-year
backwater and /or floodplain. On-Site detention of
the post-development 100-year discharge rate to
below the pre-development 100-year discharge rate
measured at the Property boundary may be provided to
satisfy this requirement.
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c. The Developer shall submit a master stormwater
compliance plan indicating the stormwater facilities
necessary to support the overall development with
the first site plan, preliminary plat, or
construction plan submittal. (EE)
APPLICABLE TO TOWNHOME DWELLINGS
21. Architecture. Development of townhome dwellings shall be
in general conformance with the elevations in Exhibit B
or another architectural appearance approved by the
Planning Commission at the time of plans review.
Subsequent to plans approval, the owner may also request
approval of another architectural appearance by the
Planning Commission. (P)
22. Exterior Facades.
a. Roof materials on pitched roofs shall be 30 year
(minimum) architectural/dimensional asphalt
composition shingle or standing seam metal.
b. Street-facing façades of each building, in the
aggregate, shall have a minimum of twenty-five (25)
percent brick or stone masonry, but in no event shall
a non-street facing façade have less than ten (10)
percent brick or stone masonry. The height of the
brick and stone shall be permitted to vary to allow
for a mixture of design features. Measurement of the
requirement for masonry façade treatment shall be
exclusive of windows, gable vents, dormers, doors,
front door alcoves, trim, soffit and fascia.
c. Acceptable siding materials include brick, stone,
masonry, fiber cement siding (such as HardiePlank,
HardieShingle, and HardieTrim) and engineered wood
siding (such as LP SmartSide). Plywood, vinyl and
metal siding are not permitted. Other materials may
be used for parapets, cornices, surrounds, trim,
architectural decorations, and design elements.
d. A minimum of two (2) facing materials shall be used
on any façade of all buildings. (P)
23. Driveways and Front Walks. All private driveways and
front walks shall be “hardscaped” (brushed concrete,
stamped concrete, pavers or other masonry material).
Front walks shall be a minimum of three (3) feet in width.
Front walks shall not be constructed with asphalt. (P)
24. Foundation Treatment. If the dwelling unit is constructed
on a slab, brick, brick veneer, stone, stone veneer, or
other masonry material shall be employed around the base
of the dwelling unit a minimum twelve (12) inches above
grade so as to give the appearance of a foundation. If
not constructed on slab, all exposed portions of the
foundation of each dwelling unit shall be faced with
brick, brick veneer, stone, stone veneer, or other masonry
material. (P)
25. Foundation Plantings. Foundation planting beds, a minimum
of four feet (4’) wide, shall be required along the entire
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façade of buildings which face private streets, excluding
decks, stoops, porches, and patios, and shall contain a
minimum of fifty (50) percent evergreen material and have
one shrub per three (3) linear feet of foundation planting
bed. (P)
26. Heating, Ventilation and Air Conditioning (HVAC) Units
and Generators. HVAC units and generators affixed to the
ground shall be screened from view by landscaping or low
maintenance material. If an HVAC unit or generator
affixed to the ground is located between two driveways,
the HVAC unit and generator need only be screened on the
side that faces the alley, drive or street that provide
access to the driveways. (P)
27. Direct Vent Fireplace. Direct vent gas fireplace boxes,
which protrude beyond the exterior face of the unit, are
not permitted on front façades. All the exterior materials
and finishes used to enclose the fireplace box must match
the adjacent façade. (P)
28. Garages. There shall be no front-loaded garages. (P)
APPLICABLE TO CONDOMINIUM BUILDINGS
30. Exterior Facades.
a. Roof materials on pitched roofs shall be 30 year
(minimum) architectural/dimensional asphalt
composition shingle or standing seam metal.
b. Street-facing façades of each building, in the
aggregate, shall have a minimum of twenty-five (25)
percent brick or stone masonry, but in no event shall
a non-street facing façade have less than ten (10)
percent brick or stone masonry. The height of the
brick and stone shall be permitted to vary to allow
for a mixture of design features. Measurement of the
requirement for masonry façade treatment shall be
exclusive of windows, gable vents, dormers, doors,
front door alcoves, trim, soffit and fascia.
c. Acceptable siding materials include brick, stone,
masonry, fiber cement siding (such as HardiePlank,
HardieShingle, and HardieTrim) and engineered wood
siding (such as LP SmartSide). Plywood, vinyl and
metal siding are not permitted. Other materials may
be used for parapets, cornices, surrounds, trim,
architectural decorations, and design elements.
d. A minimum of two (2) facing materials shall be used
on any façade of all buildings. (P)
31. Front Walks. All front walks shall be “hardscaped”
(brushed concrete, stamped concrete, pavers or other
masonry material). Front walks shall be a minimum of 3
feet in width. Front walks shall not be constructed with
asphalt. (P)
32. Foundation Treatment. If the building is constructed on
a slab, brick, brick veneer, stone, stone veneer, or other
masonry material shall be employed around the base of the
building a minimum twelve (12) inches above grade so as
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to give the appearance of a foundation. If not constructed
on slab, all exposed portions of the foundation of each
building shall be faced with brick, brick veneer, stone,
stone veneer, or other masonry material. (P)
33. Foundation Plantings. Foundation planting beds, a minimum
of four feet (4’) wide, shall be required along the entire
façade of buildings which face private streets, excluding
decks, stoops, porches, and patios, and shall contain a
minimum of fifty (50) percent evergreen material and have
one shrub per three (3) linear feet of foundation planting
bed. (P)
34. Heating, Ventilation and Air Conditioning (HVAC) Units
and Generators. HVAC units and generators affixed to the
ground shall be screened initially from view by
landscaping or low maintenance material. (P)
35. Direct Vent Fireplace. Direct vent gas fireplace boxes,
which protrude beyond the exterior face of the unit, are
not permitted on front façades. All the exterior materials
and finishes used to enclose the fireplace box must match
the adjacent façade. (P)
APPLICABLE TO MULTI-FAMILY
36. Architecture. Exhibit D provides illustrative pictures
of the architectural appearance for multifamily buildings
to be constructed on the Property. These illustrative
pictures are conceptual in nature, and the final
elevations may use a different type of architectural
style, materials and architectural detailing from what is
shown so long as the variety in architectural elements
and urban character represented by the illustrative
pictures is maintained. These illustrations identify the
choice of architectural style for the multiple-family
building(s) adjacent to Route 1 or Willis Road. These
illustrations also identify how architectural features
may be used to impart harmonious proportions and to avoid
monotonous facades or large bulky masses. At least 40
percent of the residential units located above the ground
floor shall have a useable balcony consisting of a minimum
area of 5 feet by 8 feet. Buildings containing dwellings
that are adjacent to Route 1 or Willis Road shall employ
masonry at least to the top of the first floor on all
facades visible from Route 1 or Willis Road. (P)
37. Exterior Facades.
a. Roof materials for pitched roofs shall be 30 year
(minimum) architectural/dimensional asphalt
composition shingle or standing seam metal. Material
used on flat roofs shall have a minimum 30-year
(minimum) warranty.
b. Street-facing façades of each building, in the
aggregate, shall have a minimum of twenty-five (25)
percent brick or stone masonry, but in no event shall
a non-street facing façade have less than ten (10)
percent brick or stone masonry. The height of the
brick and stone shall be permitted to vary to allow
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for a mixture of design features. Measurement of the
requirement for masonry façade treatment shall be
exclusive of windows, gable vents, dormers, doors,
front door alcoves, trim, soffit and fascia.
c. Acceptable siding materials include brick, stone,
masonry, fiber cement siding (such as HardiePlank,
HardieShingle, and HardieTrim), engineered wood
siding (such as LP SmartSide), or another material
approved by the Planning Director. In addition,
decorative metal siding, consistent with the
architectural appearance in Exhibit D, may be used,
but, if this decorative metal siding is used along
the ground level, it must be placed above a
watertable or another masonry architectural element
approved by the Planning Director. Corrugated metal
siding shall not be used unless approved by the
Planning Director. Plywood and vinyl siding are not
permitted. Other materials may be used for parapets,
cornices, surrounds, trim, architectural
decorations, and design elements.
d. A minimum of two (2) facing materials shall be used
on any façade of all buildings. (P)
38. Supplemental Landscaping. Supplemental landscaping shall
be provided around the perimeter of all buildings, between
buildings and driveways, within medians, and within common
areas not occupied by recreational facilities or other
structures. Such landscaping shall be designed to:
minimize the predominance of building mass and paved
areas; define private spaces; and enhance the residential
character of the development. The Planning Department,
at the time of site plan review, shall approve the
landscaping plan with respect to the exact numbers,
spacing, arrangement and species of plantings. (P)
39. Heating, Ventilation and Air Conditioning (HVAC) Units
and Generators. HVAC units and generators located on the
ground shall initially be screened by landscaping or low
maintenance material chosen by the applicant, as approved
by the Planning Department. HVAC and generators units
located on the roof shall be screened from view from the
adjacent public right of way. (P)
40. Common Exterior Door Access Control. Access control
(e.g., keypads, fobs, electronic device) shall be
installed at each common exterior pedestrian apartment
building entrance. Keypad(s) will also be installed
initially for access. The owner of the Property shall
provide the Chesterfield County Emergency Communications
Center (“ECC”) with access control device keypad codes,
fobs or other means of entry and the owner of the Property
will update the ECC of access control changes. (Police)
41. Three Bedroom. The total number of any three-bedroom
apartment units shall not exceed ten percent (10%) of the
total number of apartment units. (P)
APPLICABLE TO COMMERCIAL USES
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42. Architectural Style. The commercial building(s) along
Willis Road, including a convenience store building, shall
be constructed with an urban character and with building
materials that complement the building materials used in
the design and construction of Building 1. (P)
43. Materials. Acceptable siding materials include brick,
brick veneer, stone, stone veneer, cultured stone, other
masonry materials, fiber cement siding (such as
HardiePlank, HardieShingle, and HardieTrim), or
engineered wood siding (such as LP SmartSide). Dutch lap,
plywood, vinyl and metal siding are not permitted. Other
materials may be used for parapets, cornices, surrounds,
trim, awnings, architectural decorations, and design
elements. Roofing material for a sloped roof shall be
standing seam metal, dimensional architectural shingles,
or better with a minimum of 30-year warranty. (P)
44. Dumpster Service. Dumpster service for the Property shall
be permitted only between the hours of 7:00 a.m. and 7:00
p.m. (P)
IMPOSED CONDITION
The following Imposed Condition replaces Proffered Condition
3.
1. Future Development Area. The Future Development
Area, as labeled and shown on the Conceptual Plan,
shall not be used for a residential use unless the
residential use is vertically integrated with
commercial uses located on at least the ground/first
level of the building (no residential units on the
ground/first level of the building). Any buildings
and other structures constructed within the Future
Development Area shall be constructed with
architectural design, building materials, and
landscaping that shall complement the architectural
design, the building materials and the landscaping
used in the design and construction of Building 1
and the landscaping around Building 1. (P)
The following Imposed Condition deletes the last two sentences
in Proffered Condition 21 and Proffered Condition 29 and
provides the following new condition.
2. Variation in Front Elevations. Townhouse and
Condominium buildings with the same front elevation
may not be located adjacent to or directly across
from each other on the same street. This requirement
does not apply to dwellings on different streets
backing up to each other. Variation in the front
elevation may not be achieved by simply mirroring
the façade, but may be accomplished by providing at
least three (3) of the following architectural
changes:
i. adding or removing masonry for the front
elevation of the first floor unit;
ii. providing a different roof line along the
front elevation using gables that contain or do
not contain architectural detail (such as a
gable bracket) within and at the point in the
gable;
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iii. providing a clipped roof corner on each
end of a building;
iv. providing varied siding application using
horizontal siding, shake siding and board and
batten siding;
v. adding a roof or awning over the main
entrance on a minimum of one unit in a three
unit building and a minimum of two units in a
4+ unit building;
vi. alternating the color themes with respect
to siding and/or doors; and
vii. any other element of architectural
variation as approved by the Director of
Planning.
This condition does not authorize review and approval
of muntins, trim and other architectural trim
details. (P)
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO ADOPT AN ORDINANCE TO VACATE A PORTION OF A 10’
DRAINAGE EASEMENT WITHIN CHATHAM SECTION A
Mr. Sasek stated this date and time has been advertised for a
public hearing for the Board to adopt an ordinance to vacate
a portion of a 10’ drainage easement within Chatham Section A.
Mr. Winslow 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. Carroll, the Board
adopted the following ordinance to vacate a portion of a 10’
drainage easement within Chatham Section A:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to
ERICH J. GRANT and JILL P. GRANT, (spouses),or
their heirs, successors and assigns
("GRANTEES"), a portion of a 10’ drainage
easement within Chatham Subdivision, Section
A, MIDLOTHIAN 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 11, Pages 75 and 76.
WHEREAS, AV Design Concepts, LLC petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of a 10’ drainage easement within Chatham Subdivision,
Section A, MIDLOTHIAN Magisterial District, Chesterfield
County, Virginia, more particularly shown on a plat thereof
duly recorded in the Clerk's Office of the Circuit Court of
said County in Plat Book 11, Pages 75 and 76. The portion of
easement petitioned to be vacated is more fully described as
follows:
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A portion of a 10’ drainage easement across Lot
4, Block A, within Chatham Subdivision, Section
A, the location of which is more fully shown on
Exhibit A by A.G. Harocopos & Associates, P.C.,
dated AUGUST 24, 2022, a copy of which is
attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by advertising;
and,
WHEREAS, no public necessity exists for the continuance
of the portion of easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of easement
be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the exhibit 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 the 10’ drainage easement hereby
vacated in the owners of Lot 4, Block A, within Chatham
Subdivision, Section A, free and clear of any rights of public
use.
Accordingly, this Ordinance shall be indexed in the names
of the GRANTOR and GRANTEES, or their heirs, successors in
title.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
17.B. TO AMEND COUNTY CODE CHAPTER 13 RELATED TO MOTOR
VEHICLES AND TRAFFIC
Captain Hayes stated this date and time has been advertised
for a public hearing for the Board to amend County Code Chapter
13 related to camera speed monitoring and enforcement in
highway work zones and school crossing zones.
Discussion and questions ensued relative to community
notifications of the amended ordinance; the summons process
and information collected during the process.
Mr. Winslow called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
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On motion of Mr. Holland, seconded by Mr. Carroll, 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 CHAPTER 13
RELATED TO CAMERA SPEED MONITORING AND ENFORCEMENT
IN HIGHWAY WORK ZONES AND SCHOOL CROSSING ZONES
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Article II of the Code of the County of Chesterfield, 1997, as amended, is
amended to add thereto a new section, 13-24, pertaining to the use of photo speed
monitoring devices in highway work zones and school crossing zones:
This Ordinance is adopted pursuant to the authority of Virginia Code Annotated
§ 46.2- 882.1, as amended.
(a) For purposes of this section, "highway work zone" has the same
meaning ascribed to it in Code of Virginia, § 46.2-878.1. "Photo speed
monitoring device" means equipment that uses radar or LIDAR-based
speed detection and produces one or more photographs,
microphotographs, videotapes, or other recorded images of vehicles.
"School crossing zone" has the same meaning ascribed to it in Code
of Virginia, § 46.2-873.
(b) The Chesterfield County Police Department may install and operate
photo speed monitoring devices, within the boundaries of Chesterfield
County, in school crossing zones for the purposes of recording violations
of Code of Virginia, § 46.2-873 and in highway work zones for the
purposes of recording violations of Code of Virginia, § 46.2-878.1.
(c) The operator of a vehicle shall be liable for a monetary civil penalty
imposed pursuant to this section if such vehicle is found, as evidenced
by information obtained from a photo speed monitoring device, to be
traveling at speeds of at least 10 miles per hour above the posted school
crossing zone or highway work zone speed limit within such school
crossing zone or highway work zone, while such zone is active. The
civil penalty shall be $100.00. Any prosecution under this section shall
be instituted and conducted in the same manner as prosecution for traffic
infractions. Civil penalties collected under this section resulting from a
summons issued by the Chesterfield County Police Department shall be
paid to Chesterfield County and allocated for use as determined by
Police Systems Support.
(d) If a photo speed monitoring device is used, proof of a violation of Code
of Virginia, §§ 46.2-873 or 46.2-878.1 shall be evidenced by
information obtained from such device. A certificate, or a facsimile
thereof, sworn to or affirmed by a law-enforcement officer employed by
the County authorized to impose penalties pursuant to this section, based
upon inspection of photographs, microphotographs, videotapes, or other
recorded images produced by a photo speed monitoring device, shall be
prima facie evidence of the facts contained therein. Any photographs,
microphotographs, videotapes, or other recorded images evidencing
such a violation shall be available for inspection in any proceeding to
adjudicate the liability for such violation of Code of Virginia, §§ 46.2-
873 or 46.2-878.1.
(e) In the prosecution for a violation of Code of Virginia, §§ 46.2-873 or
46.2-878.1 in which a summons was issued by mail, prima facie
evidence that the vehicle described in the summons issued pursuant to
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this section was operated in violation of Code of Virginia, §§ 46.2-873
or 46.2-878.1, together with proof that the defendant was at the time of
such violation the owner, lessee, or renter of the vehicle, shall constitute
in evidence a rebuttable presumption that such owner, lessee, or renter
of the vehicle was the person who committed the violation. Such
presumption shall be rebutted if the owner, lessee, or renter of the vehicle
(i) files an affidavit by regular mail with the clerk of the general district
court for the County that he was not the operator of the vehicle at the time
of the alleged violation and provides the name and address of the person
who was operating the vehicle at the time of the alleged violation or (ii)
testifies in open court, under oath that he was not the operator of the vehicle
at the time of the alleged violation and provides the name and address of
the person who was operating the vehicle at the time of the alleged
violation. Such presumption shall also be rebutted if a certified copy of a
police report, showing that the vehicle had been reported to the police as
stolen prior to the time of the alleged violation of Code of Virginia, §§ 46.2-
873 or 46.2-878.1, is presented, prior to the return date established on the
summons issued pursuant to this section, to the general district court for the
County adjudicating the alleged violation.
(f) Imposition of a civil penalty pursuant to this section by mailing a summons
shall not be deemed a conviction as an operator and shall not be made a part
of the operating record of the person upon whom such liability is imposed,
nor shall it be used for insurance purposes in the provision of motor vehicle
insurance coverage. However, if a law-enforcement officer employed by
the County uses a photo speed monitoring device to record a violation of
Code of Virginia, §§ 46.2-873 or 46.2-878.1 and personally issues a
summons at the time of the violation, the conviction that results shall be
made a part of such driver's driving record and used for insurance purposes
in the provision of motor vehicle insurance coverage.
(g) A summons for a violation of Code of Virginia, §§ 46.2-873 or 46.2-878.1
issued by mail pursuant to this section may be executed pursuant to Code
of Virginia § 19.2-76.2. Notwithstanding the provisions of Code of
Virginia, § 19.2-76, a summons issued by mail pursuant to this section may
be executed by mailing by first class mail a copy thereof to the address of
the owner, lessee, or renter of the vehicle. In the case of a vehicle owner,
the copy shall be mailed to the address contained in the records of or
accessible to the department of motor vehicles. In the case of a vehicle
lessee or renter, the copy shall be mailed to the address contained in the
records of the lessee or renter. Every such mailing shall include, in addition
to the summons, a notice of (i) the summoned person's ability to rebut the
presumption that he was the operator of the vehicle at the time of the
alleged violation through the filing of an affidavit as provided above and
(ii) instructions for filing such affidavit, including the address to which the
affidavit is to be sent. If the summoned person fails to appear on the date
of return set out in the summons mailed pursuant to this section, the
summons shall be executed in the manner set out in Code of Virginia, §
19.2-76.3. No proceedings for contempt or arrest of a person summoned by
mailing shall be instituted for failure to appear on the return date of the
summons. If the summons is issued to an owner, lessee, or renter of a
vehicle with a registration outside the Commonwealth and such person fails
to appear on the date of return set out in the summons mailed pursuant to
this section, the summons will be eligible for all legal collections activities.
Any summons executed pursuant to and for a violation of Code of Virginia,
§§ 46.2-873 or 46.2-878.1 issued pursuant to this section shall provide to
the person summoned at least 30 days following the mailing of the
summons to inspect information collected by a photo speed monitoring
device in connection with the violation. If the Chesterfield County Police
Department does not execute a summons for a violation of Code of
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Virginia, §§ 46.2-873 or 46.2-878.1 issued pursuant to this section within
30 days following the date of the violation, all information collected
pertaining to the suspected violation shall be purged within 60 days
following the date of the violation. The Chesterfield County Police
Department may enter into an agreement with a private vendor to be
compensated for providing a photo speed monitoring device and all
related support services, including consulting, operations and
administration. However, only a law enforcement officer may swear to
or affirm the certificate required by this section. Any such agreement
for compensation shall be based on the value of the goods and services
provided, not on the number of violations paid or monetary penalties
imposed. Any private entity contracting with a law enforcement agency
pursuant to this section may enter into an agreement with the
department of motor vehicles, in accordance with the provisions of
subdivision B 31 of Code of Virginia, § 46.2-208, to obtain vehicle
owner information regarding the registered owners of vehicles that
committed a violation of Code of Virginia, §§ 46.2-873 or 46.2-878.1.
Any such information provided to such private vendor shall be
protected in a database.
(h) Information collected by a photo speed monitoring device operated pursuant to this section shall be limited exclusively to that information
that is necessary for the enforcement of school crossing zone and
highway work zone speeding violations. Information provided to the operator of photo speed monitoring device shall be protected in a
database and used only for enforcement against individuals who violate this section or Code of Virginia, §§ 46.2-873 or 46.2-878.1.
Notwithstanding any other provision of law, all photographs,
microphotographs, videotapes, or other personal information collected
by a photo speed monitoring device shall be used exclusively for
enforcing school crossing zone and highway work zone speed limits and shall not be (i) open to the public; (ii) sold or used for sales, solicitation,
or marketing purposes; (iii) disclosed to any other entity except as may be necessary for the enforcement of school crossing zone and highway
work zone speed limits or to a vehicle owner or operator as part of a
challenge to the violation; or (iv) be used in a court in a pending action
or proceeding unless the action or proceeding relates to a violation of
this section or Code of Virginia, §§ 46.2-873 or 46.2-878.1, or such information is requested upon order from a court of competent
jurisdiction. Information collected under this section pertaining to a
specific violation shall be purged and not retained later than 60 days
after the collection of any civil penalties. The Chesterfield County
Police Department shall annually certify compliance with this section and make all records pertaining to such system available for inspection
and audit by the commissioner of highways or the commissioner of the department of motor vehicles or his designee. Any person who discloses
personal information in violation of the provisions of this subsection
shall be subject to a civil penalty of $1,000.00 per disclosure. Any
unauthorized use or disclosure of such personal information shall be
grounds for termination of the agreement between the department of motor vehicles and the private entity.
(i) Conspicuous signs shall be placed within 1,000 feet of any school
crossing zone or highway work zone at which a photo speed monitoring
device is used, indicating the use of the device. There shall be a
rebuttable presumption that such sign was in place at the time of the
commission of the speed limit violation.
(2) That this ordinance shall become effective immediately upon adoption.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
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18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining manufactured home permits and zoning
requests.
19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
20. ADJOURNMENT
On motion of Mr. Carroll, seconded by Mr. Ingle, the Board
adjourned at 9:05 p.m. until November 16, 2022, at 2:00 p.m.
for a work session to be held in the Public Meeting Room.
Ayes: Winslow, Holland, Ingle, K. Carroll, T. Carroll.
Nays: None.
__________________________ ___________________________
Joseph P. Casey Christopher M. Winslow
County Administrator Chairman
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