Loading...
2022-12-14 Minutes 22-670 12/14/2022 BOARD OF SUPERVISORS MINUTES December 14, 2022 Supervisors in Attendance: Mr. Christopher M. Winslow, Chair Mr. James M. Holland, Vice Chair Mr. James A. Ingle, Jr. Mr. Kevin P. Carroll Dr. Mark S. Miller 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. Carroll, the Board approved the minutes of October 26, 2022, as submitted. Ayes: Winslow, Holland, Ingle and Carroll. Nays: None. Abstain: Miller. 2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Holland, seconded by Mr. Ingle, the Board moved Item 11.A. Resolution Recognizing Ms. Ann M. Robertson, Chesterfield County Utilities Department, Upon Her Retirement, to the Consent Agenda and added Item 6.A. Closed Session Pursuant to Section 2.2-3711.A.7. for Consultation with Legal Counsel Pertaining to Chesterfield County Board of Supervisors v. SunCap Property Group, LLC, et.al. Where Such Consultation in an Open Meeting would Adversely Affect the Litigating Posture of the County. Ayes: Winslow, Holland, Ingle, Carroll and Miller. Nays: None. 3. WORK SESSIONS 3.A. EVERYDAY EXCELLENCE Deputy County Administrator of Community Operations Clay Bowles provided details relative to the county’s Special Events Planning Committee. He stated this group of individuals from various county departments are behind the successful groundbreakings, fire station dedications, and other celebrations around the county. Board members commended staff for their outstanding efforts relative to event planning. 22-671 12/14/2022 3.B. RECOVERY HIGH SCHOOL UPDATE Ms. Belinda Merriman, Director of High School Leadership at Chesterfield County Public Schools, and Mr. Justin Civoy, coordinator for Chesterfield Recovery Academy provided details to the Board relative to Chesterfield Recovery Academy. He stated Chesterfield Recovery Academy is a year-round program serving high school students from central Virginia who are recovering from drug addiction. He further stated recovery high schools are designed for students who are in early recovery from substance-use disorders. He stated Chesterfield Recovery Academy students receive the academic, emotional and social support necessary to complete their high school education. He further stated the program also provides flexibility to allow students to participate in internships or hold a job while enrolled. He stated this structured system of support and preparation for the future sets students on a path toward continued success. In addition to Chesterfield County Public Schools, He stated the program receives assistance from health agencies, local and state government programs, police and legal agencies to help students navigate through recovery while working toward their high school diploma. In conclusion, he provided statistics and enrollment expansion relative to the program. Discussion and questions ensued relative to student relapse and post-graduation resources and services. 3.C. OPIOID ABATEMENT AUTHORITY UPDATE Mr. Tony McDowell, Executive Director of the Virginia Opioid Abatement Authority (OAA), provided an update to the Board relative to the OAA’s mission. He stated the Opioid Abatement Authority was established by the Virginia General Assembly in 2021 as an independent entity to abate and remediate the opioid epidemic in the Commonwealth through financial support from the Virginia Opioid Abatement Fund in the form of grants, donations, or other assistance, for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids in the Commonwealth. He further stated the OAA serves to build partnerships between Virginia’s cities and counties, state agencies, and providers of services to assist individuals suffering from opioid use disorders and co-occurring substance use and mental illness. He stated these partnerships address the full range of services providing education about substance use, prevention, treatment, and recovery supports. He further stated financial assistance offered through the OAA consists of settlement funds paid to Virginia by prescription opioid manufacturers and companies in the prescription opioid distribution network. As of January 19, 2023, he noted three national-level opioid settlements have been approved by Virginia state courts, resulting in payments to Virginia. He stated as these settlement agreements were being negotiated and finalized in 2020-2021, the Office of the Attorney General of Virginia worked with attorneys representing cities and counties and various statewide organizations to negotiate Virginia’s memorandum of understanding (MOU), which establishes an allocation plan for opioid settlements within the Commonwealth. He further stated the MOU includes a formula for distributing the proceeds of opioid settlements based on a measure of harm per capita to communities across Virginia. He noted all 133 counties and cities in the Commonwealth signed 22-672 12/14/2022 this MOU. He stated nearly simultaneously the General Assembly overwhelmingly voted to pass bipartisan legislation that created the Opioid Abatement Authority as an independent entity of the Commonwealth. Discussion and questions ensued relative to terms of the agreement, allocation plan for opioid settlements, marketing resources to push out information in order for localities to apply for funding and information relative to listing sessions around the state. 3.D. PARKS AND RECREATION ANNUAL UPDATE Mr. Neil Luther, director of Parks and Recreation, provided an update to the Board relative to his department. He stated the department was formally organized in 1971 and received NRPA CAPRA accreditation in 2018. He noted the FY2023 adopted budget was $15.6 million. He then reviewed generational park system growth and new parks, features and enhancements in the works. He highlighted new park trails undeveloped and existing sites which include Falling Creek Park, Lock Braemer/Rockwood North neighborhood connection to Rockwood Park, and Coyote Drive access bridge to Dutch Gap. He then provided information relative to Fall Line Trail-Appomattox River Trail community enhancement. He then highlighted continued planning and partnerships for the future of the county. He highlighted various events which include the US Masters Summer Nationals, the ACPL Grand Prix volleyball event, basketball championships at Virginia State University, IWLCA Capital Cup, and USA Softball of Virginia State Championships. He reviewed FY2022 sports tourism impact and noted $1.28 million in total county tax revenue. In conclusion, he highlighted various partnerships for an active and engaged community. The Board expressed appreciation to Mr. Luther for his leadership and to his staff for their continued success and hard work. 3.E. BUSINESS AND TAXPAYER PORTAL DEMO UPDATE Ms. Jenefer Hughes, Commissioner of the Revenue, and members of her staff provided details to the Board relative to the Business and Taxpayer portal. She stated the new Commissioner Citizen portal would allow citizens to apply for and renew business licenses, review personal property information, apply for tax relief, update contact information, file business tangible personal property, and submit monthly transient occupancy filing, consumer /consumption filing and quarterly short-term rental. She then provided a demonstration to the Board of how to access the portal and use the online account to pay business licenses and other tax filings. Discussion and questions ensued relative to the specifics of the new citizen portal. 3.F. ENTERPRISE LAND MANAGEMENT (ELM) UPDATE Mr. Andy Gillies, Director of the Planning Department, provided an update to the Board relative to Enterprise Land Management. He stated the Enterprise Land Management (ELM) citizen access 22-673 12/14/2022 portal assists in completing functions across Community Development departments for planning, zoning and development, permitting and inspections, utility connections and code enforcement. He further stated by submitting projects online, users can track progress and request inspections. Most documents, like site or building plans for example, can be submitted as PDF documents. He noted ELM encompasses Building Inspection, Community Enhancement, Environmental Engineering, Planning, Real Property Office and Utilities. Discussion and questions ensued relative to the specifics of the citizen access portal. 3.G. CHESTERFIELD AIRPORT ANNUAL REPORT Mr. Jeremy Wilkinson, Airport Manager, provided details of Airport initiatives, an overview of Airport operations, amenities, and economic impact. He reviewed projects, future development and community outreach which includes rehabilitation of the terminal apron; rehabilitation of the airfield drive; north ramp development; runway extension; southeast ramp development; economic development area; and box hangars development. In closing, he provided an overview of the operating revenues and operating expenditures. Discussion and questions ensued relative to operating financials; extension of the runway; and the possibility of a tower. 3.H. CONSENT AGENDA HIGHLIGHTS Mr. Matt Harris, Deputy County Administrator, updated the board on various consent agenda highlights being proposed this evening which include an item to authorize advertisement of 2023 calendar year tax rate and other required legal notices and public hearings related to the real estate tax rate; approval of the purchase of parcels of land for the replacements of Chester Fire and EMS station and future parks facilities; consideration of a code amendment relative to Roseland Zoning Overlay District; resolution authorizing the General Registrar and Director of Elections of Chesterfield County to file an application with the State Board of Elections for a waiver to administer split voting precincts; and authorizing the use of District Enhancement Capital Improvement Funds (DECIF). 4. REPORTS 4.A. DISTRICT IMPROVEMENT FUNDS (DIF) MONTHLY REPORT The Board accepted the Monthly Report on District Improvement Funds. 5. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 22-674 12/14/2022 6. CLOSED SESSION 6.A. PURSUANT TO SECTION 2.2-3711.A.7. FOR CONSULTATION WITH LEGAL COUNSEL PERTAINING TO CHESTERFIELD COUNTY BOARD OF SUPERVISORS V. SUNCAP PROPERTY GROUP, LLC, ET.AL. WHERE SUCH CONSULTATION IN AN OPEN MEETING WOULD ADVERSELY AFFECT THE LITIGATING POSTURE OF THE COUNTY On motion of Mr. Holland, seconded by Mr. Carroll, the Board went into closed session Pursuant To Section 2.2-3711.A.7. For Consultation with Legal Counsel Pertaining To Chesterfield County Board of Supervisors V. Suncap Property Group, LLC, et.al. Where Such Consultation in an Open Meeting Would Adversely Affect the Litigating Posture of the County. Ayes: Winslow, Holland, Ingle, Carroll and Miller. Nays: None. 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. Dr. Miller: Aye. Mr. Holland: Aye. Mr. Winslow: Aye. 7. RECESS FOR DINNER On motion of Mr. Ingle, seconded by Mr. Carroll, the Board recessed to Room 502 for dinner. Ayes: Winslow, Holland, Ingle, Carroll and Miller. Nays: None. 8. INVOCATION The Honorable Mark Miller, Midlothian District Supervisor, gave the invocation. (It is noted Ms. Colette McEachin, the wife of the late Donald McEachin was in attendance.) 22-675 12/14/2022 9. PLEDGE OF ALLEGIANCE Deputy County Administrator Matt Harris led the Pledge of Allegiance to the flag of the United States of America. 10. COUNTY ADMINISTRATION UPDATE 10.A. CENTRAL VIRGINIA TRANSPORTATION AUTHORITY UPDATE Mr. Chet Parsons, Executive Director, Central Virginia Transportation Authority (CVTA), provided an update to the Board relative to CVTS activities. 10.B. RECOGNITION OF RECENT AWARDS AND EMPLOYEE ACHIEVEMENTS • Dr. Casey announced the Virginia Economic Developers Association has awarded Chesterfield with their Project of the Year Award for the LEGO Group project. He stated VEDA is a nonprofit, non-partisan membership association for individuals with professional interest in economic development across the Commonwealth. He further stated to be nominated and awarded by peers for this prestigious award is proof of how highly respected and admired our Economic Development team is by those throughout the region. E • Dr. Casey also announced that Mr. Jake Elder, Chesterfield Economic Development’s senior project manager for small business and site development, was nominated for VEDA’s Rising Star Award, which recognizes a VEDA member who has made a mark on his or her employer during a relatively short tenure in a new role. He stated Mr. Elder has demonstrated a high aptitude for learning new skills and has shown initiative in the workplace while modeling a professional, positive attitude. It’s an incredible honor to be nominated. 10.C. OTHER COUNTY ADMINISTRATION UPDATES • Dr. Casey stated the Chesterfield Colonial Heights Alliance for Social Ministry is a nonprofit providing emergency food, financial assistance, and women's clothing to area residents in Chesterfield County, Colonial Heights, Dinwiddie, Hopewell, Petersburg, and Prince George County. CCHASM works cooperatively with government and community agencies to care for the emergency needs of the citizens. Annually, CCHASM distributes non-perishable meal bags to residents across Chesterfield, Dinwiddie, Prince George County, Petersburg, Colonial Heights, and Hopewell. Ms. Dawn McCoy, CCHASM’s executive director, provided an update to the Board on this year’s Thanksgiving meal distribution. • Dr. Casey announced the Chesterfield-Colonial Heights Christmas Mother program is in full swing, gathering, shopping, sorting, and distributing Christmas gifts to the area’s elders, foster children, and families. He stated Ms. Bonnie Cauthorn, this year’s Christmas Mother, will come back in January to give a full report, but he wanted to recognize all the preparation that has taken 22-676 12/14/2022 place to ensure no one is forgotten during the holiday season. 11. BOARD MEMBER REPORTS Mr. Ingle announced last Friday night, the Chester community came together for a community Christmas tree illumination at the site of the original community Christmas tree, where the old Chester Library building now stands. He also announced he attended the Kiwanas Club of Chester’s annual Christmas parade and Parks and Recreation holiday luncheon on December 9th at Stonebridge Recreation Center. Mr. Carroll announced he had the pleasure of touring the Appomattox River Water Authority and Addison-Evans Water Treatment Plants on November 17th, the Magnolia Green Fire Station dedication on December 1st, and Virginia State University’s commencement on December 10th. Dr. Miller announced he had the pleasure of speaking with the participants of My Chesterfield Academy about his role as Supervisor on November 29th. He also announced he participated in the CarMax Tacky Light Run on December 10th, the Midlothian Fire Station dedication on December 12th, and Brightpoint’s 2022 Scholarship Celebration luncheon on December 2nd. Mr. Holland announced he attended the Parent and Child Computer Workspace dedication on December 3rd at the Meadowdale Library. He also recognized Mr. Nick Pappas for his tenure on as outgoing Chair and Dale representative on the Community Services Board. He also announced he attended the Capital Region Workforce Partnership joint session with the Capital Region Workforce Development Board on December 9th and the CARITAS holiday open house with Mr. Winslow on December 13th. Mr. Winslow announced he attended this year’s Bravo! Awards honoring six outstanding Chesterfield County Public Schools alumni. He also was thrilled to be a part of Virginia Repertory Theatre’s announcement that it has been awarded a $120,000 grant from the Disney Musicals in Schools program. He also announced he hosted two community conversations over the past month, and attended the Valor Awards on December 1st, the U.S. Sports Congress Panel on December 6th, and BJ’s Wholesale Club Ribbon Cutting on December 7th. 12. RESOLUTIONS AND SPECIAL RECOGNITIONS 12.B. RESOLUTION RECOGNIZING CORPORAL GEORGE G. FISHER, POLICE DEPARTMENT, UPON HIS RETIREMENT Col. Katz introduced Corporal George G. Fisher, who was present to receive the resolution. On motion of Mr. Carroll, seconded by Mr. Ingle, the Board adopted the following resolution: WHEREAS, Corporal George G. Fisher will retire from the Chesterfield County Police Department on January 1, 2023, after providing 45 years of quality service to the residents of Chesterfield County; and WHEREAS, Corporal Fisher began his career as a Patrol Officer and continued to faithfully serve the county as a Crime 22-677 12/14/2022 Prevention Officer, Sergeant, Community Policing Specialist, Senior Police Officer, Master Police Officer, Career Police Officer and Corporal; and WHEREAS, Corporal Fisher also served during his tenure as a Field Training Officer, Breathalyzer Operator, General Instructor, Radar Instructor, and EVOC (Emergency Vehicle Operations Course) Instructor for 32 years, as well as a member of the Special Response Unit, the Police Honor Guard and was an original member of the Crash Team; and WHEREAS, Corporal Fisher received a Chief's Commendation for his response to the citizens of a trailer park during the flooding caused by tropical storm Gaston; and WHEREAS, Corporal Fisher received the National Service Award for his two-week deployment to Mississippi to assist fellow law enforcement officers and the citizens of Mississippi while under extreme conditions following the devastation of Hurricane Katrina; and WHEREAS, Corporal Fisher had the distinct honor of being selected as the Police Officer of the Year in 2010 for his outstanding job performance; and WHEREAS, Corporal Fisher was recognized with a Unit Citation for his role on a task force of officers responsible for successfully reducing the number of crimes in the Ettrick area and another Unit Citation for the consistently positive impacts his unit made on the community including extensive efforts at crime reduction as well as enhanced relationships between the police and community groups; and WHEREAS, Corporal Fisher was the recipient of two Life- Saving Awards; and WHEREAS, Corporal Fisher has a passion for community policing, where he served for 24 years, and established excellent working relationships with citizens in the community. Corporal Fisher was the coordinator for all shifts for the newly created community policing project on Jeff Davis Highway; and WHEREAS, Corporal Fisher is an expert in the field of fraudulent documents whereby he has contacted different consular offices on a regular basis to obtain control documents and additional security information. He has provided invaluable assistance to the officers, detectives and outside agencies in identifying fraudulent documents; and WHEREAS, Corporal Fisher as the Fleet Coordinator, has been responsible for coordination of the entire fleet of police vehicles for the past six years; and WHEREAS, Corporal Fisher is recognized for his strong work ethic, his teamwork and his communications and human relations skills all of which he has utilized within the Police Department and in assisting residents of Chesterfield County during his career; and WHEREAS, Corporal Fisher has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Fisher has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Fisher's diligent service. 22-678 12/14/2022 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors publicly recognizes Corporal George G. Fisher and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Corporal Fisher, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. Mr. Winslow presented an executed resolution to Corporal Fisher, expressed appreciation for his valuable service and contributions to the county, and wished him a happy retirement. Dr. Casey presented Corporal Fisher with an engraved brick, expressed appreciation for his exceptional and faithful service to the county, and wished him well in his retirement. Corporal Fisher thanked the Board of Supervisors for the special recognition and kind sentiments. A standing ovation followed. 13. NEW BUSINESS 13.A. APPOINTMENTS 13.A.1. TRI-CITIES METROPOLITAN PLANNING ORGANIZATION On motion of Mr. Carroll, seconded by Mr. Holland, the Board nominated/reappointed Mr. Kevin Carroll to serve as the Board member representative and Ms. Barbara Smith to serve as the staff alternate on the Tri-Cities MPO whose appointments will be effective January 1, 2023 and will expire December 31, 2023. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.A.2. PERSONNEL APPEALS BOARD On motion of Mr. Holland, seconded by Mr. Ingle, the Board nominated/reappointed Dr. James Shultz to serve on the Personnel Appeals Board, whose term is effective immediately and will expire December 31, 2025. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.A.3. PLANRVA On motion of Mr. Holland, seconded by Mr. Carroll, the Board nominated/appointed Dr. Mark S. Miller to serve on PlanRVA, whose term is effective immediately will expire December 31, 2023. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.A.4. MAYMONT FOUNDATION 22-679 12/14/2022 On motion of Mr. Ingle, seconded by Mr. Holland, the Board nominated/appointed Dr. Mark S. Miller to serve on the Maymont Foundation, whose term is effective immediately and will expire December 31, 2023. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.A.5. CHESTERFIELD COMMUNITY SERVICES BOARD On motion of Mr. Holland, seconded by Mr. Carroll, the Board nominated/appointed Dr. Mary Leon as an At-Large member and nominate and reappoint Mr. Patrick Knightly, Mr. Harvey Powers and Dr. Talisha McAuley-Davis as At-Large members to the Chesterfield Community Services Board with terms effective January 1, 2023 through December 31, 2025, and moved Ms. Daveida Murphy-Hasan, current At-Large member, to Dale District Representative to fill the vacancy created by the expired term of Mr. Nick Pappas. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.A.6. CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mr. Ingle, seconded by Mr. Holland, the Board nominated/reappointed Mr. Robert L. Dunn to serve on the Central Virginia Waste Management Authority, whose term is effective January 1, 2023 and will expire December 31, 2026. And, further, the Board designated existing alternate board member Mr. John Neal, Director of General Services, as the alternate for board member Mr. Clay Bowles, Deputy County Administrator, and designated existing alternate board member Ms. Dawn Rowell, Chesterfield Waste and Resources Recovery Assistant Operations Manager, as the alternate for board member Mr. Cary Drane. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.A.7. SPORTS BACKERS BOARD OF DIRECTORS On motion of Mr. Holland, seconded by Mr. Ingle, the Board nominated/appointed Dr. Mark S. Miller to serve on the Sports Backers Board of Directors, whose term is effective January 1, 2023 and expires December 31, 2025. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.A.8. RICHMOND REGION TOURISM On motion of Mr. Holland, seconded by Mr. Carroll, the Board nominated/reappointed Mr. Neil Amin to serve on Richmond Region Tourism, whose term is effective January 1, 2023 and expires December 31, 2025. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B. CONSENT ITEMS (13.B. – 13.B.9.) 13.B.1. ADOPTION OF RESOLUTIONS 22-680 12/14/2022 13.B.1.a. RESOLUTION RECOGNIZING MS. GINA E. SEABROOK, INFORMATION SYSTEMS TECHNOLOGY DEPARTMENT, UPON HER RETIREMENT On motion of Mr. Holland, seconded by Mr. Carroll, the Board adopted the following resolution: WHEREAS, Ms. Gina Seabrook retired from the Chesterfield County Information Systems Technology Department on December 31, 2022 after providing 28 years of quality service to the citizens of Chesterfield County; and WHEREAS, Ms. Seabrook has faithfully served the county in the capacity of Intern, Programmer Analyst, Senior Programmer Analyst, Lead Programmer Analyst and Information Technology Specialist III for the Information Systems Technology Department; and WHEREAS, Ms. Seabrook worked with and supported many county departments including Chesterfield County Schools, Utilities, Treasurer, Commissioner of the Revenue, Accounting, Building Inspection, Planning, Budget and Management, Environmental Engineering and Human Resources; and WHEREAS, Ms. Seabrook was instrumental in delivering key systems for her customers including Schools Time and Attendance System, InFocus Enterprise Resource Planning System, Court Warning System, Tax Management System, Social Services Information System, Storm Water Information Tracking System and Enterprise Geospatial Information System; and WHEREAS, Ms. Seabrook is devoted to continuous learning, graduating from the Chesterfield University Total Quality Improvement program and earning a certificate in Public Management from Virginia Commonwealth University; and WHEREAS, Ms. Seabrook worked tirelessly to complete the Real Estate Mortgage Information Taxation System and the Customer Assisted Land Information Assessments System; and WHEREAS, Ms. Seabrook was selected as the Information Systems Technology employee of the year in 2010 by her fellow employees in the department; and WHEREAS, Ms. Seabrook served the Information Systems Technology Department on the goal team for customer satisfaction and the technology standards team; and WHEREAS, Ms. Seabrook made important contributions to the work of the Information Systems Technology Data and Analytics Team, providing insights to legacy data and integrating data for use in advanced analytics and data models; and WHEREAS, Ms. Seabrook has received many accolades and awards over the years for her professionalism, creative ideas and on-time delivery of project requests; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Ms. Seabrook’s diligent service, calm demeanor and pleasant personality. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield 22-681 12/14/2022 County Board of Supervisors, this 14th day of December 2022, publicly recognizes Ms. Gina Seabrook, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Seabrook, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.1.b. RESOLUTION RECOGNIZING CORPORAL JEFF H. BOSCH, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Holland, seconded by Mr. Carroll, the Board adopted the following resolution: WHEREAS, Corporal Jeff H. Bosch retired from the Chesterfield County Police Department on December 1, 2022 after providing over 31 years of quality service to the residents of Chesterfield County; and WHEREAS, Corporal Bosch began his career as a Patrol Officer and continued to faithfully serve the county as a Police Detective, Senior Detective, Master Detective, Career Detective and Corporal; and WHEREAS, Corporal Bosch also served as an Evidence Technician, Field Training Officer, Breathalyzer Operator and was radar certified; and WHEREAS, Corporal Bosch was the recipient of a Life Saving Award for his efforts at the scene of a fatal accident while traveling in the State of Pennsylvania. Following a head-on collision between two vehicles, the driver of one of the vehicles died on scene and the passenger was in serious condition. The quick actions of Officer Bosch and his co- worker directly contributed to the survival of the critically injured passenger; and WHEREAS, Corporal Bosch was recognized with a Chief's Commendation for his investigative work and detailed plans of action in response to multiple acts of vandalism and theft in the Brandermill community, which led to the identification and capture of multiple suspects responsible for well over $40,000 in damage and thefts; and WHEREAS, Corporal Bosch was commended for his investigative and communicative skills and teamwork with various agencies in the successful arrest of the individual responsible for the burglary of the Dominion Shooting Range, where 26 weapons were taken, which was the largest number of firearms stolen for any business at one time in Chesterfield County; and WHEREAS, Corporal Bosch was recognized with a Unit Citation Award as a member of the Crimes Against Property Unit for his excellent teamwork in achieving a case clearance rate that surpassed the national average for property crimes. In 22-682 12/14/2022 addition, the committee, recognizing a connection between property crimes and opioid addiction, offered arrested addicts recovery resources in hopes of reducing future crimes; and WHEREAS, Corporal Bosch received a Chief's Commendation for his exceptional work as a detective where he demonstrated his keen communication skills, eliciting confessions from numerous suspects while bringing cases to successful resolutions; and WHEREAS, Corporal Bosch was presented with a Unit Citation for his efforts working with a team of detectives investigating a fraudulent group responsible for stealing an overwhelming amount of equipment and tools. The teams' work led to the arrest of the lead suspect and the location of $200,000 in stolen items, many of which were returned to their owners; and WHEREAS, Corporal Bosch is recognized for his strong teamwork, positive attitude, and his communication and human relations skills, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County during his career; and WHEREAS, Corporal Bosch has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Bosch has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Bosch's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors publicly recognizes Corporal Jeff H. Bosch and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.1.c. RESOLUTION RECOGNIZING FIREFIGHTER PAUL J. REED, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Holland, seconded by Mr. Carroll, the Board adopted the following resolution: WHEREAS, Firefighter Paul J. Reed retired from the Fire and Emergency Medical Services Department, Chesterfield County, on November 1, 2022, and has faithfully served the county for twenty years in various assignments; and WHEREAS, Firefighter Reed graduated from Recruit School #32 and served as a firefighter at the Bon Air, Clover Hill, Matoaca, Dale, Ettrick, Airport, Swift Creek, Winterpock, and Magnolia Green Fire and EMS Stations; and WHEREAS, Firefighter Reed was awarded a Unit Citation for 22-683 12/14/2022 his involvement in the successful outcome of two citizens whose car went into the water on May 1, 2003; and WHEREAS, Firefighter Reed was awarded a Unit Citation for his involvement in the successful outcome of three citizens who were trapped in fast moving water due to Hurricane Gaston on August 30, 2004; and WHEREAS, Firefighter Reed was awarded an EMS Unit Citation for his involvement in the successful outcome of a citizen who was trapped in a structure fire on December 10, 2004; and WHEREAS, Firefighter Reed was awarded a Unit Citation for his involvement in the successful outcome of a pediatric citizen who had been run over by a car on March 10, 2006; and WHEREAS, Firefighter Reed was awarded a Unit Citation for his involvement in the successful outcome of a structure fire on March 2, 2007; and WHEREAS, Firefighter Reed was awarded an EMS Lifesave for his involvement in the successful outcome of a citizen who suffered a cardiac arrest on November 9, 2007; and WHEREAS, Firefighter Reed was awarded a Unit Citation for his involvement in the successful outcome of a citizen who suffered a cardiac arrest on December 20, 2007; and WHEREAS, Firefighter Reed was awarded a Unit Citation for his involvement in the successful outcome of a citizen who had jumped from a moving vehicle on July 1, 2012; and WHEREAS, Firefighter Reed was awarded a Unit Citation for his involvement in the successful outcome of a citizen who suffered a medical emergency on October 19, 2013; and WHEREAS, Firefighter Reed was awarded a Unit Lifesave for his involvement in the successful outcome of a citizen who suffered a medical emergency on April 11, 2019; and WHEREAS, Firefighter Reed was awarded a Unit Lifesave for his involvement in the successful outcome of a citizen who suffered a cardiac arrest on December 14, 2021; and WHEREAS, Firefighter Reed was awarded a Unit Citation for his involvement in the successful outcome of a citizen who suffered a cardiac arrest on December 29, 2021; and NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Paul J. Reed, expresses the appreciation of all citizens for his service to the county, and extends their appreciation for his dedicated service and their congratulations upon his retirement. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.1.d. RESOLUTION RECOGNIZING SERGEANT ANDREW HARRIS, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Holland, seconded by Mr. Carroll, the Board adopted the following resolution: 22-684 12/14/2022 WHEREAS, Sergeant Andrew Harris will retire from the Chesterfield County Police Department on January 1, 2023 after providing over 21 years of quality service to the residents of Chesterfield County; and WHEREAS, Sergeant Harris served 21 years in the military before joining Chesterfield County where he has faithfully served as a Patrol Officer, Senior Police Officer, Master Police Officer, Career Police Officer and Sergeant; and WHEREAS, Sergeant Harris also served as an Evidence Technician, Patrol Rifle Operator and Field Training Officer; and WHEREAS, Sergeant Harris was recognized with a Unit Citation while assigned to the A South shift. The shift accomplished all their objectives, which were to reduce DUI related accidents, decrease commercial burglaries and reduce juvenile crime; and WHEREAS, Sergeant Harris has served in various assignments to include Uniformed Operations Sergeant, Community Policing Sergeant and Office of Professional Standards Sergeant; and WHEREAS, Sergeant Harris has always exhibited a very professional demeanor with high work ethics, being a great role model for officers; and WHEREAS, Sergeant Harris and his fellow officers assigned to the South Division Community Policing Team were awarded a Unit Citation for consistently making positive impacts on the community though extensive efforts in crime prevention, code compliance, and community outreach; and WHEREAS, Sergeant Harris is recognized for his communications and human relation skills, professionalism, and his teamwork, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County; and WHEREAS, Sergeant Harris has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Sergeant Harris has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Sergeant Harris's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors publicly recognizes Sergeant Andrew Harris and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 22-685 12/14/2022 13.B.1.e. RESOLUTION RECOGNIZING MS. ANN M. ROBERTSON, CHESTERFIELD COUNTY UTILITIES DEPARTMENT, UPON HER RETIREMENT On motion of Mr. Holland, seconded by Mr. Carroll, the Board adopted the following resolution: WHEREAS, Ms. Ann M. Robertson will retire from the Chesterfield County Utilities Department on January 1, 2023; and WHEREAS, Ms. Robertson began her public-service career with the Chesterfield County Utilities Department on February 3,1986 as a meter reader who was responsible for reading meters and providing accurate information for bimonthly billings. On September 19, 1994, Ms. Robertson was promoted to customer service representative in the Billing and Customer Service call center section where she was responsible for answering telephone calls from customers regarding new accounts and water and wastewater billing inquiries. Ms. Robertson accepted a new position in the New Construction section on March 13, 2004, as a cashier where she processed bill payments and assisted customers who wanted to connect to the water and wastewater system. The position was reclassified to customer service representative on March 12, 2005, where she continued to assist customers until her retirement; and WHEREAS, in recognition of her dedication, skills, exemplary attendance record, and exceptional job performance, Ms. Robertson, throughout the course of her career, received several promotions and numerous certificates of recognition for teamwork, participation on process action teams, excellence in customer service and years of dedicated service. Ms. Robertson was the Utilities Department employee of the year in 1993; and WHEREAS, Ms. Robertson continuously provided outstanding customer service by volunteering for additional duties, working many hours by arriving to the office early to assist in completing work, volunteering as a minimum staffing designee, and volunteering on the Utilities Employee Association committee; and WHEREAS, Ms. Robertson willingly served numerous internal and external customers including builders and developers in the most courteous and professional manner while being responsible for the accurate calculation of fees for utility system connections from residential, industrial, and commercial customers; and WHEREAS, Ms. Robertson experienced significant technological changes throughout her career including the progress from paper transactions to online payments and learned to adapt and become proficient in a variety of software programs. When the Customer Information System was implemented in 2011, without hesitation she learned the new billing system to accept payments at the front counter of the new cash processing module and helped the training for her coworkers; and WHEREAS, Ms. Robertson learned and became proficient on the Project Tracking System and the ACCELA system to accept utility project information and connection fees, as well as the PUMA GIS (Arc View) software to ensure that New Construction personnel had the correct addresses for newly developed county parcels and subdivision plats for accurate input into the Project Tracking system and ACCELA system; and WHEREAS, Ms. Robertson has taken a variety of classes and customer service workshops to gain significant knowledge and 22-686 12/14/2022 excellent leadership skills which she has passed on through training, mentoring, and developing employees in the New Construction section to ensure their success; and WHEREAS, Ms. Robertson has exhibited dedication, knowledge, pride, dependability, competency, and quality in the work she has performed at the Chesterfield County Utilities Department along with a unique aptitude and extraordinary ability to provide excellent customer service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Ms. Ann M. Robertson and extends on behalf of its members and the citizens of Chesterfield County their appreciation for her 36 years of service to the County. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.1.f. RESOLUTION FOR FUNDING COMMITMENT AND SIGNATORY AUTHORITY FOR TRANSPORTATION PROJECTS WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION On motion of Mr. Holland, seconded by Mr. Carroll, the Board adopted the following resolution: WHEREAS, the county is a recipient of Virginia Department of Transportation funds under various grant programs for transportation projects; and WHEREAS, VDOT requires each locality, by resolution, to provide assurance of its commitment to funding its local share of these projects; and WHEREAS, this commitment is subject to appropriations approved by the Board of Supervisors. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby commits to fund its local share of preliminary engineering, right-of-way, and construction (as applicable) of the transportation projects under agreement with VDOT in accordance with the financial documents for those projects and subject to appropriations approved by the Board. BE IT FURTHER RESOLVED that the County Administrator, or his designee, is authorized to execute all agreements and addendums for transportation related projects with VDOT. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.1.g. RESOLUTION AUTHORIZING THE GENERAL REGISTRAR AND DIRECTOR OF ELECTIONS OF CHESTERFIELD COUNTY TO FILE AN APPLICATION WITH THE STATE BOARD OF ELECTIONS FOR A WAIVER TO ADMINISTER SPLIT VOTING PRECINCTS On motion of Mr. Holland, seconded by Mr. Carroll, the Board adopted the following resolution: WHEREAS, Section 24.2-307 of the Code of Virginia, 1950, as amended, requires each voting precinct in the County of Chesterfield to be wholly contained within a single congressional district, Senate district, House of Delegates district, and magisterial district; 22-687 12/14/2022 WHEREAS, Section 24.2-307 of the Code of Virginia, 1950, as amended, further provides that the Board of Supervisors may request the State Board of Elections to grant a waiver from the above-stated requirement if a congressional, Senate, or House of Delegates district splits a voting precinct and the Board is unable to establish a precinct containing at least 100 registered voters that is wholly contained within a single congressional district, Senate district, House of Delegates district, and magisterial district; WHEREAS, the State’s redistricting of congressional districts split the following existing voting precincts in the County: 1) Genito Voting Precinct (402) – split by Congressional Districts 1 and 4 2) Clover Hill Voting Precinct (412) – split by Congressional Districts 1 and 4 WHEREAS, the portions of the Genito Voting Precinct and Clover Hill Voting Precinct that are split by the State’s congressional redistricting cannot be merged into adjacent precincts without creating new splits between election districts; and WHEREAS, the number of registered voters in the portions of the Genito Voting Precinct and Clover Hill Voting Precinct that are split by the State’s congressional redistricting is less than 100; WHEREAS, the County previously applied for and was granted a waiver by the State Board of Elections to administer the Genito and Clover Hill Voting Precincts as split precincts for all elections held in 2022; WHEREAS, a waiver granted by the State Board of Elections only covers one election year, and the County must apply for a new waiver for subsequent election years. NOW, THEREFORE, BE IT RESOLVED that the Board does hereby authorize the General Registrar and Director of Elections of Chesterfield County to submit a request for a waiver from the State Board of Elections pursuant to Section 24.2-307 of the Code of Virginia, 1950, as amended, to administer the split precincts listed above for all elections held in 2023. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.1.h. RESOLUTION FOR LOCAL SUPPORT OF THE UTILIZATION OF INDUSTRIAL ACCESS RAILROAD TRACK FUNDS On motion of Mr. Holland, seconded by Mr. Carroll, the Board adopted the following resolution: WHEREAS, Ashton Creek Industrial Park LLC has expressed its intent and desire to the Chesterfield County Board of Supervisors to locate its commercial, business, or industrial operations in Chesterfield County, Virginia; and WHEREAS, Ashton Creek Industrial Park LLC and its operation will require rail access; and 22-688 12/14/2022 WHEREAS, the Officials of Ashton Creek Industrial Park LLC, have reported to Chesterfield County, their intent to apply for Industrial Access Railroad Track Funds from the Commonwealth of Virginia’s Department of Rail and Public Transportation in the amount of $450,000.00; and WHEREAS, Ashton Creek Industrial Park LLC, has requested that the Chesterfield County Board of Supervisors provide a Resolution supporting its application for said funds which are administered by the Virginia Department of Rail and Public Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors of Chesterfield County, Virginia hereby endorses and supports the application of Ashton Creek Industrial Park LLC, for $450,000.00 in Industrial Access Railroad Track Funds; and AND, BE IT FURTHER RESOLVED, that the Chesterfield County Board of Supervisors hereby makes known its desire and intent to support the Commonwealth Transportation Board in providing the maximum financial assistance to Ashton Creek Industrial Park LLC, for the purpose of locating its industrial facility in Chesterfield County, Virginia. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.2. REAL PROPERTY REQUESTS 13.B.2.a. ACCEPTANCE OF A PARCEL OF LAND 13.B.2.a.1. ACCEPTANCE OF A PARCEL OF LANDS ADJACENT TO RIVERS BEND BOULEVARD FROM PTM L.P. On motion of Mr. Holland, seconded by Mr. Carroll, the Board accepted the conveyance of a parcel of land containing 0.010 acres adjacent to Rivers Bend Boulevard from PTM L.P. and authorized the County Administrator to execute the deed. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.2.a.2. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO EAST- WEST ROAD FROM WATKINS LAND, L.L.C. On motion of Mr. Holland, seconded by Mr. Carroll, the Board accepted the conveyance of a parcel of land containing 0.122 acres adjacent to East-West Road from Watkins Land, L.L.C. and authorized the County Administrator to execute the deed. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.2.b. CONVEYANCE OF EASEMENTS 13.B.2.b.1. DESIGNATION OF TRAIL EASEMENTS, A SIDEWALK EASEMENT FOR VDOT MAINTENANCE, TEMPORARY CONSTRUCTION EASEMENTS AND A DRAINAGE EASEMENT FOR VDOT MAINTENANCE FOR THE BON AIR PEDESTRIAN PHASE 2 PROJECT 22-689 12/14/2022 On motion of Mr. Holland, seconded by Mr. Carroll, the Board approved the designation of trail easements, a sidewalk easement for VDOT maintenance, temporary construction easements and a drainage easement for VDOT maintenance for the Bon Air Pedestrian Phase 2 project. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.2.b.2. DESIGNATION OF A PARCEL OF LAND FOR THE EXTENSION OF ASHTON PARK DRIVE On motion of Mr. Holland, seconded by Mr. Carroll, the Board approved the designation of a parcel of land, 2.152 acres, for the extension of Ashton Park Drive. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.2.c. REQUESTS TO QUITCLAIM 13.B.2.c.1. REQUEST TO QUITCLAIM A PORTION OF A DRAINAGE EASEMENT (PRIVATE) ACROSS THE PROPERTY OWNED BY HHHUNT WESCOTT, LLC On motion of Mr. Holland, seconded by Mr. Carroll, 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 drainage easements (private) across the property owned by HHHunt Wescott, LLC. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.2.c.2. REQUEST TO QUITCLAIM WATER EASEMENTS AND A PORTION OF A WATER EASEMENT ACROSS THE PROPERTIES OWNED BY ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD On motion of Mr. Holland, seconded by Mr. Carroll, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate water easements and a portion of a water easement across the properties owned by Economic Development Authority of the County of Chesterfield. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.2.c.3. REQUEST TO QUITCLAIM A TEMPORARY TURNAROUND EASEMENT ACROSS THE PROPERTY OWNED BY WATKINS LAND, L.L.C. On motion of Mr. Holland, seconded by Mr. Carroll, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width temporary turnaround easement across the property owned by Watkins Land, L.L.C. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.3. SET PUBLIC HEARING 22-690 12/14/2022 13.B.3.a. TO CONSIDER CODE AMENDMENT RELATIVE TO ROSELAND ZONING OVERLAY DISTRICT On motion of Mr. Holland, seconded by Mr. Carroll, the Board set a public hearing date of January 25, 2023, to consider code amendment relative to Roseland Zoning Overlay District. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.3.b. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT-OF-WAY FOR THE 0012ROAD EXTENSION PROJECT On motion of Mr. Holland, seconded by Mr. Carroll, the Board set a public hearing date of January 25, 2023, to consider the exercise of eminent domain for the acquisition of right-of-way and easements for the Nash Road Extension Project. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.4. AUTHORIZE THE USE OF DISTRICT ENHANCEMENT CAPITAL IMPROVEMENT FUNDS (DECIF) On motion of Mr. Holland, seconded by Mr. Carroll, 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, Carroll, Miller. Nays: None. 13.B.5. AUTHORIZE ADVERTISEMENT OF 2023 CALENDAR YEAR TAX RATE AND OTHER REQUIRED LEGAL NOTICES AND PUBLIC HEARINGS RELATED TO THE REAL ESTATE TAX On motion of Mr. Holland, seconded by Mr. Carroll, the Board authorized advertisement of 2023 calendar year tax rate and other required legal notices and public hearings related to the real estate tax. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.6. APPROVAL OF THE PURCHASE OF PARCELS OF LAND FOR THE REPLACEMENT CHESTER FIRE AND EMS STATION AND FUTURE PARKS FACILITIES On motion of Mr. Holland, seconded by Mr. Carroll, the Board approved the purchase of parcels of land containing 9.614 acres, more or less, with improvements, for $3,200,000 from McLaughlin Holdings, LLC in the vicinity of Chester Village on West Hundred Road, and authorized the County Administrator to execute the sales contract and deed. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.7. ACCEPTANCE OF STATE ROADS On motion of Mr. Holland, seconded by Mr. Carroll, the Board adopted the following resolution: 22-691 12/14/2022 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: The Extension of Magnolia Green Parkway Phase 3C 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 • Magnolia Green Parkway, State Route Number 7692 From: 0.02 miles west of Maple Summit Lane, (Route 8364) To: 0.09 miles west of Maple Summit Lane, (Route 8364), a distance of 0.07 miles. Recordation Reference: Plat Book 290, Page 18 Right of Way width (feet) = 90 • Magnolia Green Parkway, State Route Number 7692 From: 0.09 miles west of Maple Summit Lane, (Route 8364) To: 0.56 miles west of Maple Summit Lane, (Route 8364), a distance of 0.47 miles. Recordation Reference: Plat Book 290, Page 18 Right of Way width (feet) = 90 • Magnolia Green Parkway, State Route Number 7692 From: 0.56 miles west of Maple Summit Lane, (Route 8364) To: Woolridge Road, (Route 7766), a distance of 0.08 miles. Recordation Reference: Plat Book 290, Page 18 Right of Way width (feet) = 90 • Magnolia Green Parkway, State Route Number 7692 From: Woolridge Road, (Route 7766) To: 0.02 miles west of Woolridge Road, (Route 7766), a distance of 0.02 miles. Recordation Reference: Plat Book 290, Page 18 Right of Way width (feet) = 90 22-692 12/14/2022 • Woolridge Road, State Route Number 7766 From: Magnolia Green Parkway, (Route 7692) To: The north end-of-maintenance, a distance of 0.02 miles. Recordation Reference: Plat Book 290, Page 18 Right of Way width (feet) = 90 Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.8. AWARD A REQUIREMENTS CONTRACT FOR AVIATION ENGINEERING AND PLANNING SERVICES TO DELTA AIRPORT CONSULTANTS, INC. FOR THE CHESTERFIELD COUNTY AIRPORT On motion of Mr. Holland, seconded by Mr. Carroll, the Board awarded a requirements contract for Aviation Engineering and Planning Services to Delta Airport Consultants, Inc. for the Chesterfield County Airport. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.B.9. APPROVAL OF THE RISK MANAGEMENT PLAN UPDATE On motion of Mr. Holland, seconded by Mr. Carroll, the Board granted approval of the Risk Management Plan update. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 13.C. APPROVE A PERFORMANCE-BASED GRANT UNDER THE ROUTE 1 INCENTIVE POLICY, FOR THE LAMBERT LANDING MULTIFAMILY DEVELOPMENT PROJECT Mr. Jesse Smith stated on June 26, 2019, the Board of Supervisors approved the Route 1 Incentive Policy as part of the implementation strategy for the Northern Jefferson Davis Special Area Plan to further encourage redevelopment activity along the corridor. He stated the policy makes available performance-based grants for projects that 1) promote the goals and objectives of the special area plan, 2) invest at least $10 million, and 3) do so in one of the targeted zones (Rt. 1 and Willis Road, Rt. 1 and Rt. 288, or Rt. 1 and Chippenham Parkway). He further stated under the policy, such projects would receive 80 percent of their incremental real estate taxes back in a grant for the first seven years. He stated the grant would then trail off to 60, 40 and 20 percent, respectively, for the final three years of the ten-year grant period. He noted Lambert Landing Limited Partnership and Lambert Landing II Limited Partnership have received site plan approval to develop 112 apartment units. He stated the project has an estimated total development cost of approximately $30 million. The project complies with the Route 1 Incentive Policy. He noted staff recommends approval of the performance-based grant under the Route 1 Incentive Policy. On motion of Mr. Ingle, seconded by Mr. Carroll, the Board approved the performance-based grant under the Route 1 Incentive Policy, for the Lambert Landing Multifamily Development Project. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 22-693 12/14/2022 14. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Will Shewmake addressed the Board relative to vape/smoke shop electronic message signs. Mr. Robert Jones expressed concerns relative to illegal advertising signs in the Midlothian area. 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 22SN0012 In Clover Hill Magisterial District, Royal Farms at Warbro Road is a request to amend zoning approval (Case 16SN0565) relative to proffered conditions and amendment of zoning district map in Light Industrial (I-1) District on 5.22 acres fronting approximately 480 feet north line of Hull Street Rd at the intersection of Warbro Road, and 462 feet along the east line of Warbro Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office/Research & Development/Light Industrial use. Tax ID 738-681-9293. Ms. Hall introduced Case 22SN0012. She stated staff recommended a 90-day deferral of the case to the Board’s regularly scheduled meeting in March 2023. Mr. Winslow called for public comment on the deferral. There being no one to speak to the deferral, the public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Ingle, the Board deferred Case 22SN0012 to the Board’s regularly scheduled meeting in March 2023. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 22SN0036 In Midlothian Magisterial District, Westfield Rezoning is a request to rezone from Residential (R-7) District to Residential Townhouse (R-TH) District plus conditional use planned development to permit exceptions to ordinance requirements and/or development standards and amendment of zoning district map in a Residential (R-7) District on 2.37 acres fronting approximately 220 feet along the south line of Westfield Road beginning 115 feet east of Ryanwood Court. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is 22-694 12/14/2022 appropriate for Medium-High Density Residential use (Minimum of 4 to 8 dwellings per acre). Tax ID 726-709-3361. Ms. Hall introduced Case 22SN0036. She stated staff recommended a 60-day deferral of the case to the Board’s regularly scheduled meeting in February 2023. Mr. Winslow called for public comment on the deferral. There being no one to speak to the deferral, the public hearing was closed. On motion of Dr. Miller, seconded by Mr. Holland, the Board deferred Case 22SN0036 to the Board’s regularly scheduled meeting in February 2023. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 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. 22MH0005 In Clover Hill Magisterial District, Courthouse Road Rezoning is a request to rezone from Agricultural (A) District to Residential (R-12) District with conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 10.11 acres fronting approximately 414 feet along the west line of Courthouse Road and adjacent to Good News Freewill Baptist Church. 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 748-679-7845. Ms. Hall introduced Case 22MH0005. She stated staff received no comments on the case, 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 Mr. Holland, the Board approved Case 22MH0005, subject to the following conditions: 1. The applicant shall be the owner and occupant of the manufactured home. (P) 2. No permanent type living space may be added to the manufactured home. The manufactured home shall be skirted but shall not be placed on a permanent foundation. (P) 3. Should the applicant cease to reside in the manufactured home, the manufactured home shall be removed from the property. (P) 22-695 12/14/2022 (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, Carroll, Miller. Nays: None. 22SN0033 In Matoaca Magisterial District, Hickory Haven Equestrian requests conditional use to permit an Equestrian facility and conditional use planned development for exceptions to ordinance requirements and/or development standards, and amendment of zoning district map in an Agricultural (A) District on 18.59 acres known as 3000 Winnie Drive. 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 797-617-2452. Ms. Hall introduced Case 22SN0033. 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 Mr. Ingle, the Board approved Case 22SN0033, subject to the following conditions: The Applicant in this case agrees that the property under consideration will be used according to the following conditions. 1. Master Plan. The Textual Statement, dated July 15, 2022, together with the Concept Plan referenced below, shall be considered the Master Plan. (P) 2. Concept Plan. The property shall be developed as generally located and shown on the conceptual site plan prepared on July 15, 2022 and entitled, “Hickory Haven Equestrian” attached hereto. (P) 3. Use: With approval of this, the following conditional uses shall be permitted on the Property: (P) Equestrian center, including but not limited to, the boarding, grooming, exercising, training, and riding of equines. 4. Non-Transferable Ownership: This Conditional Use approval shall be granted exclusively to Ashley James and shall not be transferable with the land. (P) 5. Hours and Days of Operation; Limitation on clients: The days and hours that the equestrian facility shall be permitted to operate shall be as follows: 9 a.m. 22-696 12/14/2022 through 7 p.m. on Monday through Sunday. The total number of persons on site for the subject use shall not exceed twenty (20). (P) 6. Lighting: Any lighting that is installed shall be designed so that it does not project onto adjacent properties used for residential purposes. (P) Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 22SN0055 In Clover Hill Magisterial District, Courthouse Road Rezoning is a request to rezone from Agricultural (A) District to Residential (R-12) District with conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 10.11 acres fronting approximately 414 feet along the west line of Courthouse Road and adjacent to Good News Freewill Baptist Church. 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 748-679-7845. Ms. Hall introduced Case 22SN0055. 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. Winslow, seconded by Mr. Holland, the Board approved Case 22SN0055, subject to the following proffered conditions: 1. Conceptual Plan. The Conceptual Plan for the Property shall consist of the following, which are made a part of these proffered conditions by this reference thereto and shall be considered the Conceptual Plan. A. The Textual Statement dated August 23, 2022, shall be considered the Master Plan. B. The Conceptual Plan, Exhibit A, dated August 24, 2022, prepared by Sekiv Solutions. The site uses shall be as described and shown on the Conceptual Plan. However, the exact location of lots, buildable area, roads, pedestrian ways, BMPs, common area and other design details may be modified provided that the general intent of the Conceptual Plan is maintained with respect to arrangement around an internal road network and pedestrian environment. C. Conceptual Images, Exhibit B, dated July 29, 2022. (P) 2. Utilities. Public water and wastewater systems shall be used. (U) 22-697 12/14/2022 3. Access. Direct vehicular access to Courthouse Road shall be limited to one (1) entrance with the exact location approved by the Transportation Department. (T) 4. Road Cash Proffers. A. The applicant, sub-divider, 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. Each 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. (T, B&M) 5. Density. A maximum of thirty (30) units shall be permitted on the property. (P) 6. Amenities. The amenities included within the open space shall include (i) walking trails with a minimum of two benches along the trails; (ii) a small play area consisting of at least two swings or other play equipment approved by the Planning Director at the time of plans review; and (iii) a small gazebo area (within a 10’x10’ area). The small play area shall be located within one side of the community and the small gazebo area shall be located within the other side of the community. (P) 7. Stormwater. For the portion of the Property which drains to the south towards Genlou Road, the maximum post- development drainage discharge rate for the 100-year storm shall be based on the maximum capacity of the existing facilities downstream, and shall not increase the recorded and/ or established 100-year backwater and/ or floodplain. On-site detention of the post-development discharge rate for the 100-year storm to below the pre-development discharge rate may be provided to satisfy this requirement. (EE) 8. 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 as determined by the Planning Director. In addition to any other requirements set forth herein, the Applicant shall comply with the following: A. Driveways/Walkways. a). Driveways. All private driveways shall be constructed from concrete, exposed aggregate concrete, concrete pavers, stamped concrete, brick, or asphalt. 22-698 12/14/2022 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. B. 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 initially medium shrubs, spaced a maximum of four (4) feet apart. The initial plant materials used should visually soften the unit corners. Planting bed deviations may be approved by the Planning Director at time of plans review due to unique design circumstances. C. Fences. Chain link fences shall not be permitted. D. Materials. Acceptable siding materials include brick, stone, masonry, fiber cement siding (such as HardiPlank, HardieShingle, and HardieTrim), premium vinyl with a minimum wall thickness of .044 inches, or engineered wood siding (such as LP SmartSide), or other comparable material as approved by the Planning Director at time of plans review. Dutch lap and plywood siding are not permitted. Other materials may be used for trim, architectural decorations, or design elements provided they blend with the architecture of the dwelling. E. Foundations. 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. For all dwelling units, a minimum of 24 inches of exposed brick or stone shall be required on all sides, unless a lesser amount is approved by the Planning Department at time of plans review due to unique design circumstances. F. Floor Area. Each home shall have a minimum finished floor area of 1,800 square feet. G. Front Elevation Variation. Buildings with the same front elevation may not be located adjacent to or directly across 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: (1) adding or removing a porch or covered entry or increasing or decreasing the length of the porch or entry (2) varying the location and/or style of a front facing gable(s) (3) alternating the location of the garage (4) providing different materials and/or siding types on at least 50% of the elevation (5) providing a different roof type/roof line. 22-699 12/14/2022 H. Roof Materials: Roofing materials shall be standing seam metal or dimensional architectural shingles or better with a minimum 30-year warranty. I. 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. J. Garages. (1) Front loaded garages shall use an upgraded garage door. An upgraded garage door is any door with a minimum of three (3) enhanced features. Enhanced features shall include windows, raised panels, decorative panels, arches, 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. (2) Front loaded attached garages shall be permitted to extend a maximum of eight (8) feet forward of the front line of the front porch provided that the rooflines of the porch and garage are connected. Where the rooflines are not connected, garages shall be permitted to extend a maximum of two (2) feet forward of the front line of the front porch. Where there is no front porch, garages shall be permitted to extend a maximum of two (2) feet forward of the front line of the main dwelling. K. Heating, Ventilation and Air Conditioning (HVAC) Units and Generators. HVAC units and generators installed as fixtures located adjacent to public right of way shall be screened from view by landscaping or low maintenance material, as approved by the Planning Department. L. Dam. If a manmade embankment is necessary and planned, the owner of the Property shall submit a dam break analysis to the Department of Environmental Engineering at the time of plans review. This analysis shall show that no downstream homes or structures will be impacted in the event of a dam failure. (P, EE (L)) 9. Construction Hours. The hours of exterior construction, including operation of bulldozers and other earthmoving equipment, shall be between 7:00 a.m. and 6:00 p.m. Monday through Friday, between 7:00 a.m. and 12:00 p.m. on Saturdays, and none on Sundays, except such hours may be modified for emergencies or where unusual circumstances require extending the specific hours to complete work such as concrete pours or utility connections. (P) Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 22-700 12/14/2022 22SN0068 In Matoaca Magisterial District, Green Acres at River Road is a request to amend zoning approval (Case 06SN0227) relative to cash proffers and amendment of zoning district map in Residential (R-88) District on 171.61 acres known as 10013 River 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 755-616-0604; 755-617-9274. Ms. Hall introduced Case 22SN0068. 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 Mr. Holland, the Board approved Case 22SN0068, subject to the following proffered conditions: 1. Road Cash Proffers. For each dwelling unit, the applicant, sub-divider, or assignee(s) shall pay $9,400 to the County of Chesterfield for road improvements within the service district for the property. Each 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. (T) 2. Utilities. Public water shall be used. (U) 3. Architectural Design Standards. The property shall be developed in accordance with the following Architectural/Design Elements, which are considered minimum standards. a. Style and Form: i. Architectural Styles. The Architectural styles shall use forms and elements compatible with those in the Highlands Subdivision in Chesterfield County, Virginia. Each dwelling constructed on the property shall include at least two (2) of the following architectural features: masonry watertables, decorative lintels, soldier courses with keystones, cornices, columns, balconies, dentil mouldings, or front doorways with sidelights and/or transoms. ii. Variation in Front Elevations. The following restrictions are designed to maximize architectural variety of the houses. 1. 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. 2. Variation in the front elevation to address the paragraph above may not be 22-701 12/14/2022 achieved by simply mirroring the façade but may be accomplished by provided at least two (2) of the following architectural changes: a. Providing different materials and/or siding types on at least 50 percent of the elevation b. Providing a different roof type/roof line. c. Alternating the color themes with respect to siding, doors, and trim. b. Exterior Facades. Acceptable siding materials shall include: brick, stone, stucco, synthetic stucco (E.I.F.S.), or horizontal lap siding. Horizontal lap siding may be manufactured from natural wood or cement fiber board or may be premium quality vinyl siding with a minimum wall thickness of 0.044 inches. Synthetic Stucco (E.I.F.S.) siding shall be finished in a smooth, sand, or level texture, no rough textures are permitted. Dutch lap vinyl is prohibited. c. Foundations. All exposed foundations shall be constructed of brick, stone, or a combination thereof. d. Roof Materials. Roofing material shall be dimensional architectural singles or standing seam metal with a minimum thirty (30) year warranty. All flashing shall be copper or pre-finished aluminum (bronze or black). e. Porches and Stoops i. Front porches. All front entry stoops and front porches shall be covered and constructed with either a continuous foundation wall or by masonry piers and lattice screening. If a continuous foundation wall is used to support a front entry stoop or front porch, the foundation wall shall be constructed of the same foundation material as is used on the remainder of the house (e.g., brick, stone, a combination of brick and stone, stucco, or synthetic stucco (E.I.F.S.)). Front porches shall be a minimum of five (5)’ deep. Handrails and railings shall be finished wood or metal railing with vertical pickets, stainless steel cables, swan balusters, or better. Pickets shall be supported on top and bottom rails that span between columns. There shall be no unpainted vertical surfaces on decks, porches and stoops on the front or sides of the house. f. Fireplaces, Chimneys, and Flues. i. Chimneys. Sided chimneys are only permitted on roof planes or facades and must have masonry foundations. Cantilevered chimneys are not permitted. The width and depth of chimneys shall be appropriately sized in proportion to the size and height of the dwelling unit. For gas fireplaces, metal flues may be used on the roof. ii. Direct vent fireplaces. Direct vent gas fireplace boxes that protrude beyond the exterior plane of the dwelling unit are not permitted on front facades. All the exterior 22-702 12/14/2022 materials and finishes used to enclose the fireplace box must match the adjacent façade. g. Driveways/Front Walks i. Private driveways. All private driveways serving residential uses shall be hardscaped. Hardscaping shall be constructed of either asphalt, brushed concrete, stamped concrete, exposed aggregate concrete, or decorative pavers. Private driveways shall not require curb and gutter. ii. Front Walks. Front walks shall be provided to the front entrance of each dwelling unit. Front walks shall be hardscaped. Hardscaping shall be constructed of either brushed concrete, stamped concrete, exposed aggregate concrete, or decorative pavers. Front walks shall be a minimum of three (3) feet wide. h. Garages i. All units shall have, at a minimum, an attached two-car garage. ii. Both front-loaded and corner side-loaded garages shall use an upgraded garage door. An upgraded garage door is any door with a minimum of two (2) enhanced features. Enhanced features shall include windows, raised panels, decorative panels, arches, hinge straps, or other architectural features on the exterior that enhance the entry (i.e. decorative lintels, shed roof overhangs, arches, columns, keystones, eyebrows, etc.). Flat panel garage doors are prohibited. iii. Front-loaded and corner side-loaded garages shall not extend pas the front line of the main dwelling. i. Landscaping and Yards i. Front Foundation Planting Bed. 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 dwelling unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shrubs, spaced a maximum of four feet apart, and planting beds may include spreading groundcovers. Unit corners shall be visually softened with vertical accent shrubs (four to five feet in height) or small evergreen trees (six to eight feet in height) at the time of planting. ii. Front yard tree. One (1) tree per lot shall be planted or retained. A tree shall be planted or retained on both street frontages on corner lots. The front yard tree shall be a large deciduous tree and have a minimum caliper of two and one-half (2.5) inches. Native trees shall be permitted to have a minimum caliper of two (2) inches. (P) 4. Heating, Ventilation, and Air Conditioning (HVAC) Units and House Generators. Units shall initially be screened from view of public roads by landscaping or low maintenance material, as approved by the Planning Department. (P) 22-703 12/14/2022 Staff Note: All other conditions of case 06SN0227 shall remain in effect. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 22SN0088 In Bermuda Magisterial District, Wrexham Townhouses is a request to rezone from Convenience Business (C-1) to Residential Townhouse (R-TH) plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 1.43 acres known as 10730 Ironbridge Boulevard. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Mixed use. Tax ID 775-659-3119. Ms. Hall introduced Case 22SN0088. 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 22SN0088, subject to the following proffered conditions: The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration (the “Property”) will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. 1. Master Plan. The Textual Statement dated September 9, 2022, shall be considered the Master Plan. (P) 2. Conceptual Layout. The Property shall be developed in general conformance with the Wrexham Townhomes, Conceptual Layout dated May 18, 2015, attached hereto as Exhibit A (“Conceptual Layout”). The 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) 22-704 12/14/2022 3. Development Requirements for Consistency with Adjacent R- TH. The Property shall be bound by the zoning, proffers, and imposed condition set forth in Case 89SN0346. (P) 4. Building Materials. Primary exterior wall materials (exclusive of windows, gables, doors, trim, soffit and fascia) shall be brick, stone, cultured stone, stone veneer, brick, fiber cement board (e.g. HardiePlank), engineered wood (e.g. LP Smartside), high-grade vinyl (a minimum of 0.44” nominal thickness as evidenced by manufacturer’s printed literature), or a combination of the foregoing unless different architectural treatment and/or materials are requested by owner and approved by the Director of Planning. Fiberboard (e.g. Masonite), dutch lap, plywood and metal siding shall not be permitted as an exterior wall material. Other materials may be used for parapets, cornices, surrounds, trim, architectural decorations and design elements. (P) 5. Heating, Ventilation and Air Conditioning (HVAC) Units and Generators. HVAC units and generators installed as fixtures shall be screened initially from view of Private Roads by landscaping or low maintenance material, as approved by the Planning Department. If an HVAC unit and/or generator is located between two driveways, the HVAC unit and/or generator need only be screened on the side that faces the Alley or Private Road that provides access to the driveways. (P) 6. 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. (P) 7. Access. There shall be no direct vehicular access to or from Ironbridge Boulevard, also known as Old Wrexham Road. (P) 8. Stormwater. 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. On-Site detention of the post-development 100-year discharge rate to below the pre- development 100-year discharge rate may be provided to satisfy this requirement. (EE) 9. Road Cash Proffers. The applicant, sub-divider, or assignee(s) shall pay $5,922 for each dwelling unit to Chesterfield County for road improvements within the service district for the property. Each 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 in addition to, any impact fees, in a manner determined by the County. At the option of the Transportation Department, cash proffer payments may be reduced for the cost of road improvements provided by the applicant, sub- 22-705 12/14/2022 divider, or assignee(s), as determined by the Transportation Department. (B&M, T) Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 22SN0102 In Clover Hill Magisterial District, Drake Second Dwelling is a request for conditional use to permit a second dwelling and amendment of zoning district map in a Residential (R-15) District on 1.83 acres known as 2700 Newquay Lane. 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 755-691-4367. Ms. Hall introduced Case 22SN0102. 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. Winslow, seconded by Mr. Carroll, the Board approved Case 22SN0102, subject to the following conditions: 1. Occupancy Limitations. Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption, or guardianship, foster children, personal guests, and household employees. (P) 2. Deed Restriction. For the purpose of providing record notice, prior to the issuance of a building permit 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. Utilities 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, Carroll, Miller. Nays: None. 22SN0115 In Dale Magisterial District, Moehls Two Family Dwelling is a request for conditional use to permit a two-family dwelling and amendment of zoning district map in a Residential (R-15) District on 1.18 acres known as 9420 Waterfowl Flyway. Density 22-706 12/14/2022 will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use. Tax ID 755-658-6406. Ms. Hall introduced Case 22SN0115. 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 Mr. Winslow, the Board approved Case 22SN0115, subject to the following conditions: 1. Occupancy Limitations: Occupancy of the second dwelling unit shall be limited to the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, personal guests, and household employees. (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) Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 22SN0086 In Bermuda Magisterial District, Maria Parrino requests conditional use to permit a two-family dwelling and amendment of zoning district map in a Residential (R-15) District on 0.36 acre known as 10449 Brynmore Drive. Density will be controlled by zoning conditions or ordinance standards. Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax ID 780-661-4171. Mr. Harold Ellis introduced Case 22SN0086. He stated the applicant is planning an addition to an existing single-family dwelling to create a second dwelling unit, which requires conditional use approval. He further stated the second dwelling unit will be occupied by a family member of the principal dwelling. He stated the addition is approximately 979 square feet and will be attached to the existing home. He noted as conditioned, the use should not adversely affect area residential uses and two-family dwellings have been approved in other residential areas on similarly situated parcels with no apparent adverse impact. Mr. Mincks noted the public hearing was closed at the November meeting. In response to Mr. Ingle’s questions, Ms. Maria Parrino stated her HOA does support the conditional use request, as well as the parking requirements. 22-707 12/14/2022 On motion of Mr. Ingle, seconded by Mr. Holland, the Board approved Case 22SN0086, 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, personal guests, and household employees. (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, Carroll, Miller. Nays: None. 21SN0600 In Clover Hill Magisterial District, RCKF Cloverhill LLC (project commonly known as Cloverleigh) requests rezoning from Agricultural (A) to Residential (R-12) of 52.19 acres and Regional Business (C-4) of 51.1 acres with conditional use to permit an existing telecommunications tower, temporary sales facility, single family dwellings, multifamily dwellings, and recreational neighborhood facilities plus conditional use planned development to permit exceptions to ordinance requirements, including use exceptions, on the entire 103.29 acres tract and a waiver to connectivity and amendment of zoning district map fronting approximately 515 feet on the north line of Hull Street Road, 1,015 feet northeast of South Old Hundred Road and fronting approximately 450 feet on the east line of South Old Hundred Road, 345 feet south of Rose Glen Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed Use and Suburban Residential II (2 to 4 dwellings per acre) uses. Tax IDs 731- 681-8265; 732-681-3768 and 4585; 733-680- Part of 9439; 733- 681-0761; 734-678-2276; 734-681-0526 and 3904. Mr. Ramsey introduced Case 21SN0600. He stated a mixed-use development, commonly known as Cloverleigh, is proposed. He further stated a mix of single family and stacked two-over-two dwellings, commercial uses, and neighborhood recreational amenities is proposed. He noted residential density for the property will be limited to a total of 450 dwelling units. He stated the Planning Commission and staff recommend approval of Request I and II. Regarding Request I, he stated the proposed mixed-use development is consistent with the uses designated by the Comprehensive Plan’s Land Use Plan Designation for the property, which calls for a mix of Regional Mixed Use and Suburban Residential II uses have not been met in the current proposal, the applicant has reduced the projects’ density after further input from community stakeholders. He further stated the proposal offers a significant development opportunity to provide additional housing near the existing Market Square Shopping Center. Regarding Request II, he stated the street connectivity waiver can be supported with adequate access to the development and connectivity to adjoining properties 22-708 12/14/2022 achieved with street connections proposed for Rose Glen Drive and Market Square Lane. He further noted on November 29, 2022, revisions to Proffered Conditions 1, 3, 7, and 14 were submitted by the applicant. He stated modifications to the master plan (Textual Statement), transportation phasing, density, and the Route 288 setback proffered conditions are highlighted in blue font with a strikethrough and/or underline. He further stated New Proffered Condition 4 was added to provide a residential phasing limitation to the project. In addition, he stated a minor revision to the placement of the streetscape improvements along Market Square Lane have been moved from Proffered Condition 3 to Proffered Condition 16 for Planning to enforce this condition. Discussion and questions ensued relative to the mixed-use development. Mr. Brennen Keene, representing the applicant, provided a summary of the applicant’s proposal. He stated the proposal includes a mix of uses that are consistent with the Land Use Plan’s designation of Regional Mixed Use and Suburban Residential II uses. He further stated the applicant has worked to modify the initial proposal to reduce the overall residential density and include a commercial component to the development along Hull Street Road. He stated while the overall residential density has decreased, the applicant has continued to provide the same road improvements that were previously provided with the initial request. He noted quality design elements, community amenities, and a pedestrian network trail have been offered by the applicant to ensure that the development is not only an attractive and harmonious community, but provides protection of environmentally sensitive areas as well. He stated residential development in the proposal includes owner-occupied homes in the form of detached single family dwellings and two-over-two condominiums. He noted the county’s evaluation of the proposal’s impact on area roadways confirmed that it will not worsen existing traffic in the area. In addition, the proposed road improvements will provide significant safety and traffic management enhancements along Old Hundred Road. He also provided information relative to the waiver to connectivity to Rose Glen Drive. Discussion and questions ensued relative impacts on area schools resulting from additional children that would reside in the proposed development, specifically data generated by StratIS in conjunction with the school enrollment and capacity tool which offers historical school enrollment trends as well as current year information, trail connectivity to the adjoining neighborhood and Rose Glen Drive. Mr. Winslow called for public comment. The following speakers expressed concerns and support relative to proposal’s impact on existing area roadways, an increase in noise from the additional traffic generated, and the overall development plan not being consistent with the size and scale of existing area development, and the proposed roadway connection to Rose Glen Drive from Cloverleigh was also opposed due to potential increases in traffic through the Rose Glen Subdivision: Ms. Anna Scott 22-709 12/14/2022 Mr. Keith Cheatham Ms. Kate Rowe Mr. Keene addressed the questions and concerns expressed by the speakers and Board members. In response to Mr. Winslow’s question, Mr. Jesse Smith stated any proposed access points, except private entrance driveways, that do not meet the Transportation - Virginia Department of Transportation minimum spacing criteria for VDOT’s Access Management policy will require an exception to be approved by VDOT in order to permit and construct the access. He further stated all proposed subdivision streets to be state maintained must comply with all requirements of the 2011 SSAR Regulation, including roadway width (with consideration for on-street parking), pedestrian accommodations, public benefit, and connectivity requirements. Mr. Brent Epps provided more details relative to the site plan process, VDOT requirements and stated should a waiver be approved by VDOT for Rose Glen Drive, a waiver to connectivity could still be pursued by the applicant at time of preliminary plat review. Mr. Winslow voiced his support of the proposal and stated the property is an infill development site that has a portion of the site recommended for mixed use, which potentially supports higher density commercial and residential uses along Hull Street Road and Route 288. He further stated the proposal will complement and support existing commercial development in the Market Square Shopping Center. He noted the county’s evaluation of the proposal’s impact on area roadways confirmed that it will not worsen existing traffic in the area. In addition, he stated the proposed road improvements will provide significant safety and traffic management enhancements along Old Hundred Road. He expressed the importance of reevaluating schools in that area. Mr. Winslow closed the public hearing. Discussion ensued relative to the proposal. On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved Case 21SN0600, subject to the following proffered conditions and imposed condition: RCKF Cloverhill LLC (the “Developer”) in this zoning case, pursuant to §15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the development of the property known as Chesterfield County Tax Identification Numbers 731-681-8265, 732-681-3768, 732-681- 4585, 733-680-9439 (part of), 733-681-0761, 734-678-2276, 734-681-0526, and 734-681-3904, (the “Property”) under consideration will be developed according to the following conditions if, and only if, the rezoning request for rezoning from A to R-12 and Conditional Uses for an existing communications tower, temporary sales facilities, and neighborhood recreational amenities and rezoning from A to C- 4 with Conditional Uses to allow single-family, multifamily units, and temporary sales facilities, plus a use exception to permit neighborhood recreational uses together with a conditional use planned development (CUPD) are all granted. 22-710 12/14/2022 In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers shall immediately be null and void and of no further force or effect. 1. Master Plan. The textual statement last revised November 29, 2022, together with its Exhibits, shall be considered the Master Plan. (P) 2. Transportation Density. For transportation purposes, the maximum density of the development shall be 170 single family dwelling units, 280 multi-family (mid- rise) dwelling units, 5,000 square feet of high-turnover (sit-down) restaurant, 130 room hotel; or equivalent density as determined by the Transportation Department. (T) 3. Road Improvements. To provide an adequate roadway system, the Developer shall be responsible for the following improvements. a. Off-Site Road Improvements i. Construction of two (2) additional lanes to provide a four-lane divided facility with sidewalks for Market Square Lane from Old Hundred Road to the western Property line in accordance with VDOT standards. ii. Construction of additional pavement to provide a four-lane, undivided facility [i.e., two (2) northbound lanes and two (2) southbound lanes] for Old Hundred Road from Millridge Parkway to Market Square Lane. iii. Construction of a separate left turn lane along southbound Old Hundred Road at the Market Square Lane intersection (Property Access Point “B” shown on Exhibit A). iv. Construction of traffic signal at the Old Hundred Road/Market Square Lane intersection, if warranted, as determined by the Transportation Department. v. Modify the Old Hundred Road/Millridge Parkway/Market Square shopping center intersection to reduce conflict points, as generally shown on Exhibit H, unless otherwise approved by the Transportation Department and VDOT. (Note: Millridge Parkway access will maintain full access and Market Square shopping center access will be modified to a right-in/right-out access, unless otherwise approved by the Transportation Department and VDOT.) vi. Construction of additional pavement along Old Hundred Road to provide an additional southbound lane at its intersection with Hull Street Road (Route 360) for dual right turn lanes and associated traffic signal modifications at the intersection to accommodate this improvement. b. On-Site Road Improvements. The following improvements shall be completed with the construction of Property Access Point “A.” i. Construction of additional pavement along Old Hundred Road to provide left and right turn 22-711 12/14/2022 lanes at Property Access Point “A” shown on Exhibit A. ii. Construction of additional pavement along Public Road “A” to provide a three (3) lane typical section [i.e., two (2) egress lanes and one (1) ingress lane] at its intersection with Old Hundred Road. c. Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. In the event the Developer is unable to acquire the “off-site” right-of-way that is necessary for the road improvements set forth in Paragraph A. above, 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 borne by the Developer. In the event the County does not acquire the “off-site” right-of-way, the Developer shall be relieved of the obligation to acquire the “off-site” right-of-way and shall provide the road improvement(s) to the extent they can be constructed within available right-of-way, as determined by the Transportation Department. d. The phasing of these road improvements shall be as outlined herein unless otherwise requested by the Developer and approved by the Transportation Department. i. Prior to the issuance of the initial residential certificate of occupancy ("C/O") (excluding any model homes or temporary sales facilities), the Developer shall construct the road improvements specified in Proffered Conditions 3.A.i., ii., iii., v., and vi., as determined by the Transportation Department. ii. Prior to recordation of or issuance of C/Os of a cumulative total of more than 300 dwelling units, the Developer shall construct the improvement specified in Proffered Condition 3.A.iv. (T) 4. Residential Phasing. No more than twenty-five (25) C/Os for dwelling units (excluding any model homes or temporary sales facilities) shall be issued in the calendar year 2024. Beginning January 1, 2025, no more than ninety (90) residential C/Os shall be issued each calendar year, and any C/Os not issued in previous years may be applied to subsequent years. (P) 5. Utilities. Public water and wastewater systems shall be used, except for temporary sales facilities and/or construction offices. (U) 6. Environmental Standards. a. No sheet flow from impervious surface areas shall be directed towards the Rose Glen subdivision. The Department of Environmental Engineering shall approve the exact design and implementation of this requirement. b. The maximum post-development discharge rate for the 100-year storm shall be based on the maximum capacity of the existing facilities downstream, and 22-712 12/14/2022 the established 100-year backwater and/or floodplain shall not be increased. (EE) 7. Density. The total number of dwelling units shall not exceed 400. (P) 8. Strategic Common Areas. The following strategic common areas shall be provided as generally shown on Exhibits A, B, D, E, I, J, and K. a. Pedestrian Access System. Prior to any subdivision or site plan approval, whichever first occurs, the Developer shall provide a pedestrian access plan identifying sidewalks and/or paved pedestrian paths and/or trails that provide links to the various common spaces and to the commercial uses. b. Parks. i. At least five (5) park areas (including the park area noted in paragraph ii. below) shall be provided within the Property. Each shall be a minimum of 4,000 square feet in size and shall include at least one of the following: 1. Playground 2. picnic area with tables and/or a pavilion/shelter 3. community garden 4. gazebo 5. fire pit 6. benches 7. lawn area for activities such as bocce ball, soccer, or Frisbee golf 8. dog park 9. central green/courtyard ii. One of the parks noted above, shall be provided at Property Access Point A shown on Exhibit A and Exhibit B and shall include: 1. A pool and a bathhouse (bathrooms/changing areas and storage). 2. One covered pavilion. iii. Trails shall be provided as generally shown on Exhibits A and B. The exact location and surfacing of any trail location within a Resource Protection Area shall be approved by the Department of Environmental Engineering at the time of plans review. iv. At time of subdivision plan review for any active recreational uses, conditions may be imposed to insure land use compatibility. These conditions may address, but not necessarily be limited to, buffering, setbacks, lighting, and hours of operation. v. A monument entry sign and gazebo shall be provided at Property Access Point B (from Market Square Lane) as generally identified on Exhibits B, F, and J. (P) 9. Sidewalks and Driveways. a. VDOT standard sidewalks shall be provided along both sides of the public streets. b. All private driveways shall be paved with asphalt or concrete. c. A minimum of a four (4) foot wide front walk shall be provided to each dwelling unit. Front walks shall be hardscaped (constructed of brushed 22-713 12/14/2022 concrete, stamped concrete, exposed aggregate concrete, or decorative pavers). (P) 10. Architecture. Architecture shall be consistent with the textual statement and all of its exhibits. (P) 11. Landscaping and Yards. a. Landscaping shall be provided around the perimeter of all buildings, between buildings and driveways, within medians, and common areas, including open space along the rear of units. Landscaping shall comply with the requirements of the Zoning Ordinance. The landscaping plan shall be approved at time of plans review with respect to the exact numbers, spacing, arrangement, and species of plantings. The homeowners’ association shall be responsible for the maintenance of landscaping in all common areas. b. Street trees shall be planted along both sides of all public streets. (P) 12. Regional Trail. The Developer shall construct a six (6) foot wide asphalt trail and pressure treated boardwalk (“Boardwalk Trail”), elevated as necessary, across Nuttree Branch provided: a. The Developer is able to obtain the necessary permits to construct the Boardwalk Trail. b. The boardwalk portion of the Boardwalk Trail is consistent with Exhibit L. c. The general location of the Boardwalk Trail is shown on Exhibits A and B. The final location shall be determined at the time of subdivision or plan approval. d. Once constructed, the Boardwalk Trail shall be owned and maintained by the Cloverleigh homeowners’ association, unless such maintenance is provided by the County or other entity. e. At the time of plans review, an easement for the Boardwalk Trail shall be dedicated to the County. f. Nothing within this proffer shall require the Developer to construct any pedestrian path or connection within Old Hundred Mill. (P and P&R) 13. Existing Communications Tower. This condition relates to the existing communications tower on the Property and generally shown as “Cell Tower” on Exhibits A and B. a. There shall be no signs permitted to identify this use. b. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and the property line to maintain a tree preservation area of at least 100 feet in each direction, such buffer to be comprised of existing trees at the site and to provide screening of the base of the tower and accessory ground equipment from adjacent properties. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. So long as such area is 22-714 12/14/2022 required, no trees within the area shall be removed unless such trees are dead, diseased, or dying. c. The color, design and lighting system for the tower shall be as follows: i. The tower shall be gray or another neutral color, acceptable to the Planning Department. ii. The tower shall not be lighted. iii. The tower shall be a monopole structure with internally mounted antennas. d. Any building or mechanical equipment shall comply with Sections 19.1-317 and 19.1-342.C of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. e. The tower shall not exceed a height of 196-feet. f. At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. g. Access shall be provided via the new main access as determined at the time of plan review. Access to the tower shall be maintained through construction until the new permanent access is provided. (P) 14. Route 288 Limited Access Road Setback. Along the Route 288 frontage for the Tract B Condominium Dwellings, a minimum seventy (70) foot natural vegetation area shall be maintained from the Route 288 limited access right-of-way. Natural vegetation shall be retained within the setback area unless otherwise approved by the Planning Commission. The limits and requirements of this setback shall be shown on the site plan. (T) 15. Connection to Rose Glen Drive. Prior to preliminary plat approval for that portion of the Property adjacent to the Rose Glen subdivision, the Developer shall submit a request to VDOT for a waiver to connect to Rose Glen Drive. (P and T) 16. Market Square Lane Streetscape Improvements. Street trees and pedestrian scale lighting shall be provided adjacent to the sidewalks along Market Square Lane, as determined at the time of plan review and in accordance with VDOT standards if located within the right-of-way. These improvements shall not be required prior to recordation of or issuance of C/Os for a cumulative total of more than 100 dwelling units. (P) IMPOSED CONDITION 1.Prior to the issuance of the first certificate of occupancy for a residential unit on the portion of the Property that is subject to the C-4 rezoning, the Developer shall prepare the approximate 5-acre commercial area (“Commercial Area”) for development. The Commercial Area is defined as that portion of Exhibit A labeled “7-Story Hotel” and “1-Story Restaurant.” Prepare for development shall mean: A. Extension of public water and wastewater to the Commercial Area. 22-715 12/14/2022 B. Construction of a driveway/access to the Commercial Area. C. Preparation and recordation of a deed restriction to the County’s benefit restricting the Commercial Area to non- residential uses for a period of fifty (50) years. The deed restriction shall be in a form approved by the County Attorney. (P) Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. Mr. Winslow then made a motion, seconded by Mr. Ingle, for the Board to approve Request II, Waiver to street connectivity requirements for a connection to Red Chestnut Drive in the Nuttree Subdivision. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 21SN0694 In Matoaca Magisterial District, Rose Ridge is a request for rezoning from Agricultural (A) to Residential (R-40), plus conditional use to permit neighborhood recreational facilities, conditional use planned development to permit exceptions to ordinance requirements, and an exception to Section 18-60 of the Utility Ordinance for connection to the public wastewater system and amendment of zoning district map on 230.19 acres fronting approximately 1410 feet on the north line of Riverway Road, 950 feet west of River Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Rural Residential/Agricultural use. Tax IDs 728-644-4490; 728-645-4455; 728-646-4250; 728-647-0074, 7669; 729-644-5776; 729-645-1275; 730-644-7359; and 730-645-1060. Mr. Ryan Ramsey introduced Case 21SN0694. He stated a single family development with neighborhood recreational facilities containing a maximum of 100 dwelling units is proposed. He further stated a total residential density for the project would yield a maximum of 0.43 dwelling units per acre. As proposed, he stated the subdivision would be serviced by private septic systems. He noted the property is located within a mandatory wastewater connection area, necessitating an exception to connect to the public wastewater system. He stated the Planning Commission and staff recommend denial of both Request I and II. He further stated the proposal’s Residential rezoning request is not consistent with the Plan’s recommendation to maintain agricultural uses in the area. He stated staff finds that the applicant’s request should be delayed in this area until the proposal complies with the Comprehensive Plan and the necessary infrastructure to support new residential subdivisions is provided or programmed. Regarding Request II, he stated no topographic or sewer capacity limitations exist that would prevent connection to public wastewater system and the request may adversely impact the extension of public wastewater system to area properties. Mr. Jeff Geiger, representing the applicant, provided a summary of the proposal. He stated the applicant has been working with meeting the needs of homeowners with a traditional suburban subdivision model, and believe people are looking for a 22-716 12/14/2022 different model of large homes on large lots. He further stated the Comprehensive Plan has a different designation for this area. He noted offsite infrastructure enhancements and a high- quality rural subdivision. He then reviewed the improvements that were a result of requests of neighborhood input. In closing, he urged the Board to approve the request. In response to Dr. Miller’s question, Mr. Geiger stated to provide public wastewater service, a wastewater pump station and force main would be required to convey wastewater to a gravity line in another drainage basin and because of the projected distance, the potential cost would be several million dollars. Mr. Winslow called for public comment. The following individuals spoke in opposition of the request and urged the Board to deny the request: Mr. William Eager Mr. Matt Henkeo There being no one else to speak to the issue, the public hearing was closed. Mr. Carroll stated he believes the applicant needs to revise the proposal based on concerns raised by the Planning Commission, staff and citizens. Mr. Carroll then made a motion, seconded by Mr. Ingle, for the Board to remand Case 21SN0694 back to the Planning Commission. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. Discussion ensued relative to the remand process. 17. PUBLIC HEARINGS 17.A. TO CONSIDER AN AMENDMENT TO THE COUNTY’S COMPREHENSIVE PLAN FOR THE COMMUNITY FACILITIES PLAN (CHAPTER 15) Mr. Steve Haasch stated this date and time has been advertised for a public hearing for the Board to consider an amendment to the county’s Comprehensive Plan for the Community Facilities Plan (Chapter 15). He further stated the Community Facilities Plan, formerly known as the Public Facilities Plan, is chapter 15 of the county's Comprehensive Plan. He stated the primary purpose of the Plan is guide new facility locations through site criteria recommendations, and identify appropriate levels of service (LOS) for department operations. He further stated this update recognizes the role of the county's Strategic Information System (StratIS) by removing obsolete data from the chapter. He stated this update also more closely aligns the Plan with the county's adopted Capital Improvement Program - shortening facility planning to a 5-year outlook to focus on implementable projects. He further stated most level of service (LOS) information remains the same, although the schools section has been updated to reflect a new 95 percent of program capacity LOS goal, along with revised design capacity standards for new schools (1,000 students for elementary schools, 1,800 students for middle schools, and 2,400 students for high schools). He stated the Planning Commission unanimously recommended approval of this item at their 10/18/2022 public 22-717 12/14/2022 hearing. He noted no significant community opposition or issues have been noted with this project. Mr. Winslow called for public comment. Ms. Renee Eldred voiced her support of the request. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Carroll, the Board adopted an amendment to the County’s Comprehensive Plan for the Community Facilities Plan. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 17.B. TO CONSIDER AN ORDINANCE GRANTING THE REAL ESTATE TAX EXEMPTION REQUEST FOR RAPIDS BASEBALL INCORPORATED Mr. Jeff Mincks stated this date and time has been advertised for a public hearing for the Board to consider an ordinance granting the real estate tax exemption request for Rapids Baseball Incorporated. 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 Mr. Carroll, the Board adopted the following ordinance granting the real estate tax exemption request for Rapids Baseball Incorporated: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY RAPIDS BASEBALL INCORPORATED TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2023, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Rapids Baseball Incorporated to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 728725610500002; and WHEREAS, in accordance with Va. Code §58.1-3651, the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Rapids Baseball Incorporated meets the requirement for the real property tax exemption that it has requested by reason of its being a non- profit organization which uses the real property for which it is requesting the exemption for benevolent purposes; and 22-718 12/14/2022 WHEREAS, it is the policy of the Board to consider real estate tax exemption requests up to a maximum amount of $5,000.00. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Rapids Baseball Incorporated is hereby designated a benevolent organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by Rapids Baseball Incorporated and described as County Property Tax Parcel ID No. 72872561050002 is used by such organization, and the single-family residential structure on such property is used exclusively for benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation in the amount of $5000 for tax year 2023 and up to $5000 for future tax years. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective January 1, 2023. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 17.C. TO CONSIDER PROPOSED FY2023 BUDGET AMENDMENTS Mr. Matt Harris stated this date and time has been advertised for a public hearing for the Board to consider proposed FY2023 budget amendments. He further stated the Board is requested to appropriate up to $50 million from FY2022 Results of Operations to the General Fund and to authorize required additional appropriation authority to enable transfers of these dollars to other funds ($28.1 million of which is County and $21.3 million is Schools; the other $23.4 million that is part of the County conversation is only requested to be reserved). Additionally, he stated the Board is requested to approve a technical adjustment to the FY2023 Appropriations Resolution to enable the transfer of already appropriated funds from the General to the Capital Projects Fund in the amount of $16.1 million, for a grand total of up to $66.1 million. 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 Mr. Ingle, the Board approved the proposed FY2023 budget amendments. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 22-719 12/14/2022 17.D. TO CONSIDER AMENDING SECTIONS 9-24 AND 9-25 OF THE COUNTY CODE TO ADJUST THE COUNTY TAX RELIEF AND NET WORTH THRESHOLDS Mr. Harris stated this date and time has been advertised for a public hearing for the Board to consider amending Sections 9-24 and 9-25 of the County Code to adjust the county tax relief and net worth thresholds. He stated in accordance with Section 58.1- 3210 of the Code of Virginia, Chesterfield County has exercised the option to provide real estate tax relief to seniors aged 65 and over and citizens who are deemed permanently and totally disabled, as defined by Section 58.1- 3217 of the Code of Virginia. He further stated the real estate tax relief program is administered by the Commissioner of the Revenue. He stated the Board of Supervisors has the authority to set eligibility requirements for income and assets to quality for tax relief. These are set out in County Code Sections 9-24 to 9-27. He further stated the Board of Supervisors, on November 17, 2021, voted to amend all threshold brackets to reflect the CY2022 Social Security Administration Cost of Living Adjustment (SSA COLA) by 6 percent for eligible participants. Given the recent announcement of the CY2023 SSA COLA of 8.7 percent, it is recommended that the threshold for all brackets be increased by 8.7 percent to reflect this adjustment. 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 Mr. Ingle, 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 SECTIONS 9-24 and 9-25 RELATING TO RESTRICTIONS AND CONDITIONS AND SCHEDULE OF EXEMPTIONS PERMITTED BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 9-24 and 9-25 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9-24. - Restrictions and conditions. (a) Notwithstanding any other provision of this chapter, a dwelling or manufactured home, and up to one acre of land upon which either is situated may be temporarily exempted from taxation when any such property is owned by and occupied as the sole residence of a person at least 65 years old or a person who is determined to be permanently and totally disabled as defined by Code of Virginia, § 58.1-3217. The exemption shall be subject to the following restrictions and conditions: (1) During the preceding calendar year, the total combined income from all sources of the owners and owners' relatives living in the dwelling or manufactured home must not exceed $52,000.00 $60,000.00; without including in the total the first $10,000.00 of each relative's income, other 22-720 12/14/2022 than the owner's spouse who is living in the dwelling or manufactured home. (2) Notwithstanding subsection (1), if a person qualifies for an exemption under this section, and can prove by clear and convincing evidence that the person's physical or mental health has deteriorated such that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility for physical or mental care is to have a relative move in and provide care for the person, and if a relative does move in for that purpose, then none of the income of that relative or that relative's spouse shall be included in calculating the income limit; however, if the residence's owner has, within a three- year period prior to or after the relative moves into the residence, transferred to the caregiving relative assets in excess of $10,000.00 without adequate consideration then the income of the caregiver relative or that relative's spouse shall be included in calculating the income limit. (3) As of December 31 of the immediately preceding calendar year, the net combined financial worth, including interest of the owners and of the spouse of any owner, excluding the value of the property for which the exemption is sought, and the value of up to an additional nine acres of real estate if such additional nine acres of real estate are contiguous to and a part of the parcel for which the exemption is sought, must not exceed $350,000.00 $380,500. (b) If the property described in (a) above is jointly held by an owner: (1) who is not the spouse of a qualifying owner, (2) who would not qualify for an exemption by age or disability, and (3) whose ownership interest can legally be calculated as a percentage interest in the property, the qualifying owners will continue to qualify for an exemption, as calculated in the next sentence of this subsection (b), if all of the joint owners occupy the property as their sole dwelling and the combined financial worth of all such joint owners, including the present value of all equitable interests (and computed without exclusion for the dwelling or any other asset notwithstanding the provisions of subsection (a)) does not exceed $324,075.00 $352,300 as of December 31 of the immediately preceding calendar year. The tax exemption for this subsection (b) shall be calculated by multiplying the amount of the exemption by a fraction that has as a numerator the percentage of ownership interest in the property held by all joint owners who qualify by age or disability and their spouses and, as a denominator, 100 percent. Sec. 9-25. - Schedule of exemptions permitted. (a) The amount of exemption from real estate taxation under this section shall be determined in accordance with the following schedule: Income Categories Percentage of Exemption (i) $0.00 through $33,400.00 $36,300 100 (ii) $33,401.00 through $41,400.00 (ii) $36,301 through $45,000 60 22-721 12/14/2022 (iii) $41,401.00 through $55,200.00 (iii) $45,001 through $60,000 35 (b) The tax exemption provided by section 9-24 shall not exceed $3,000.00. (2) That this ordinance shall become effective January 1, 2023. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 17.E. TO CONSIDER AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR A VARIABLE WIDTH UNDERGROUND EASEMENT ACROSS COUNTY PROPERTY Mr. Dean Sasek stated this date and time has been advertised for a public hearing for the Board to consider an easement to Virginia Electric and Power Company for a variable width underground easement across county property. 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 authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a variable width underground easement across county property known as River City Sports Complex for the development of The Lake-Phase 1 Wake Lake & Funk Zone. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 17.F. TO CONSIDER THE ABANDONMENT OF THE OLD BEULAH ELEMENTARY SCHOOL BUS LOOP, STATE ROUTE 9099 Mr. Sasek stated this date and time has been advertised for a public hearing for the Board to consider the abandonment of the Old Beulah Elementary School Bus loop, State Route 9099. 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 Mr. Carroll, the Board adopted the following resolution to abandon the Old Beulah Elementary School bus loop, State Route 9099: WHEREAS, a sketch has been provided to the Board of Supervisors of Chesterfield County depicting the Old Beulah Elementary School Bus Loop, State Route 9099, to be abandoned from the Secondary System of State Highways; and, WHEREAS, pursuant to a resolution of this Board, dated October 26, 2022, the required notices of the County’s intent to abandon the Old Beulah Elementary School Bus Loop, State Route 9099, identified as segment B-E, 0.17 miles on the attached sketch, have been given in that: on October 27, 2022, a notice was posted in at least three places along the Old Beulah Elementary School Bus Loop, State Route 9099, and on November 30, 2022, and on December 7, 2022, a notice was published in the Richmond Times-Dispatch having general 22-722 12/14/2022 circulation within the County announcing this Public Hearing to receive comments concerning the proposed abandonment; and on November 1, 2022, notice was sent to the Commissioner of Highways; and, WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuation of the Old Beulah Elementary School Bus Loop, State Route 9099, identified as segment B-E, 0.17 miles, since it serves no public necessity and is no longer necessary as part of the Secondary System of State Highways. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby abandons the Old Beulah Elementary School Bus Loop, State Route 9099, and removes it from the Secondary System of State Highways, pursuant to Section 33.2-909, Code of Virginia, 1950, as amended. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Chesterfield Residency Engineer for the Virginia Department of Transportation at 3301 Speeks Drive, Midlothian, VA 23112. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 17.G. TO CONSIDER THE ABANDONMENT OF THE DUPUY SCHOOL ENTRANCE, STATE ROUTE 9831 Mr. Sasek stated this date and time has been advertised for a public hearing for the Board to consider the abandonment of the Dupuy School entrance, State Route 9831. 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 adopted the following resolution to abandon the Dupuy School entrance, State Route 9831: WHEREAS, a sketch has been provided to the Board of Supervisors of Chesterfield County depicting the Dupuy School Entrance, State Route 9831, to be abandoned from the Secondary System of State Highways; and, WHEREAS, pursuant to a resolution of this Board, dated October 26, 2022, the required notices of the County’s intent to abandon the Dupuy School Entrance, State Route 9831, identified as segment B-D, 0.12 miles on the attached sketch, have been given in that: on October 27, 2022, a notice was posted in at least three places along the Dupuy School Entrance, State Route 9831, and on November 30, 2022, and on December 7, 2022, a notice was published in the Richmond Times- Dispatch having general circulation within the County announcing this Public Hearing to receive comments concerning the proposed abandonment; and on November 1, 2022, notice was sent to the Commissioner of Highways; and, WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuation of the Dupuy School Entrance, State Route 9831, identified as segment B-D, 0.12 miles, since it serves no public necessity and is no longer necessary as part of the Secondary System of State Highways. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby abandons the Dupuy School 22-723 12/14/2022 Entrance, State Route 9831, and removes it from the Secondary System of State Highways, pursuant to Section 33.2-909, Code of Virginia, 1950, as amended. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Chesterfield Residency Engineer for the Virginia Department of Transportation at 3301 Speeks Drive, Midlothian, VA 23112. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 17.H. 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 Mr. Brent Epps stated this date and time has been advertised for a public hearing for the Board 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. He noted this public hearing was held last month and the Board approved the request, but because of an advertising error the public hearing needed to be readvertised. 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 Mr. Carroll, the Board approved 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, Carroll, Miller. Nays: None. 17.I. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT-OF-WAY FOR THE WOODS EDGE ROAD SAFETY IMPROVEMENTS PROJECT Mr. Epps stated this date and time has been advertised for a public hearing for the Board to consider the exercise of eminent domain for the acquisition of right-of-way for the Woods Edge Road Safety Improvements Project. He noted this public hearing was held last month and the Board approved the request, but because of an advertising error the public hearing needed to be readvertised. 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 the exercise of eminent domain for the acquisition of right-of-way for the Woods Edge Road Safety Improvements Project. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS 22-724 12/14/2022 There were no remaining manufactured home permits and zoning requests. 18. 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. Holland, the Board adjourned at 9:52 p.m. until January 4, 2023, at 6:00 p.m. for the Board’s annual organizational meeting to be held in the Public Meeting Room. Ayes: Winslow, Holland, Ingle, Carroll, Miller. Nays: None. __________________________ ___________________________ Joseph P. Casey Christopher M. Winslow County Administrator Chairman 22-725 12/14/2022