AGENDA DATE: 2/4/2026
TITLE: Revised Brookhill License Agreements for Improvements on County Property Parcel ID 046B5-00-00-001C0
SUBJECT/PROPOSAL/REQUEST: Authorize County Executive to sign three revised revocable license agreements to allow the developer to construct Ashwood Boulevard Connector Road and associated improvements and to sign a letter to VDOT to authorize discussions with the developer to assume control of and modify a VDOT stormwater management facility located on County-owned Parcel ID 046B5-00-00-001C0.
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Richardson, Wall, Herrick, Tevendale, Filardo, Svoboda, Pohl, Tate
PRESENTER (S): Frank Pohl, Jered Tate
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: The Ashwood Boulevard Connection (future Archer Avenue) was proffered (Attachment A) with the approved ZMA201800011 Brookhill rezoning on July 17, 2019. There have been various other approvals for this project, including a Special Use Permit (SP201500025), Site Plans, Subdivisions, and Water Protection Ordinance applications. This connector road is shown in the Comprehensive Plan and is proposed to provide connectivity parallel to US 29 from Polo Grounds Road to Ashwood Boulevard.
Portions of the proposed roadway connection, grading, stormwater management, and landscaping improvements are to be located on County-owned Parcel ID 046B5-00-00-001C0. On March 20, 2024, the Board of Supervisors authorized the County Executive to sign non-exclusive revocable license agreements to allow installation of the above improvements.
Since March 20, 2024, the developer has proposed modifications to the location of their improvements on the County parcel. The previously issued non-exclusive revocable license agreements must be revised to reflect the modified areas of improvements. Additionally, the developer proposes to assume maintenance responsibility of and to modify the Virginia Department of Transportation (VDOT) stormwater management facility to accommodate the revised improvements and to serve its development, Archer North. Since VDOT’s stormwater management facility is located on the County parcel, VDOT requires authorization from the County to discuss with the developer any modifications and maintenance of the facility.
This action is to request that the Board authorize the County Executive to sign three revised revocable license agreements and an authorization letter to VDOT on behalf of the County.
STRATEGIC PLAN: Infrastructure & Placemaking - Invest in infrastructure and amenities that create connection, opportunity, and well-being.
DISCUSSION: The developer has proposed to amend the road alignment of the Ashwood Boulevard Connection (future Archer Avenue), which changes the location of the license areas on the County-owned parcel. Proposed improvements are shown on the Landscaping Plan (Attachment B) and the revised license areas are shown on the Subdivision Plat (Attachment C).
Additionally, the developer is proposing to modify the existing VDOT stormwater facility located within an easement on the County-owned parcel and assume maintenance responsibilities. The stormwater facility modifications would serve VDOT improvements, a portion of the Archer Avenue roadway and the entire Archer North development (WPO-2025-00039) located on the north side of Ashwood Blvd. These changes would require VDOT to either assign its easement to the developer or release it. These proposed modifications require an amendment to the existing stormwater management facility license area to include the VDOT facility.
All improvements will be bonded by the developer as required by County Code. The County may revoke the revised licenses at any time for any reason, with 60 days' notice. Three separate revised license agreements were drafted to address the revisions to the design plans: grading and roadway, stormwater management, and landscaping.
Revised Non-Exclusive Revocable Grading and Road Construction License (Attachment D): This license grants access to the developer to establish, install, maintain, and repair the roadway improvements, including fill, grading, pavement sections, sidewalks, curb and gutter, drainage pipes and structures, striping and signage, street trees, and other improvements within the license area. Revisions to the license are required to account for minor realignments of the proposed road. This license would terminate upon VDOT acceptance of the road.
Revised Non-Exclusive Revocable Stormwater Facility License (Attachment E): This license grants access to the developer to establish, install, construct, maintain, and repair all grading, drainage, and stormwater management facilities, including the modification and future maintenance of the VDOT stormwater management basin, pipes, riprap, drainage structures/channels, and other improvements within the license area. Revisions to this license are requested due to substantial increases in the areas where stormwater facilities are proposed and include the area of the VDOT stormwater management facility. VDOT would assign its easement to the developer, and the developer would assume all maintenance responsibility of the VDOT facility. All improvements must be constructed to County and Department of Environmental Quality (DEQ) standards before developer bonds are released. Though revocable, this license is intended to allow the developer (or its successors) to maintain the stormwater management facilities indefinitely.
Revised Non-Exclusive Revocable Landscaping License (Attachment F): This license grants access to the developer to establish and maintain all buffer landscaping within the license area. Revisions to this license are requested due to realignment of the proposed road. Again, though revocable, this license is intended to allow the Brookhill Master Association to install and maintain the landscaping area indefinitely.
In order for the developer to modify and assume maintenance responsibilities of VDOT’s stormwater facility on the County parcel, VDOT requires authorization from the County to engage in conversations with the developer (Attachment G).
BUDGET IMPACT: Staff time associated with this request is already factored into the development plan review process. There is no additional budget impact.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution (Attachment H) authorizing the County Executive to sign the authorization letter to VDOT and the revised license agreements with the developer to construct and maintain the Ashwood Boulevard Connection and associated improvements, and to assume rights to the VDOT stormwater management facility on County property, once the licenses have been approved to form and substance by the County Attorney.
ATTACHMENTS:
A - ZMA201800011 Rezoning Approval and Proffers
B - Landscaping Plan
C - Subdivision Plat
D - Non-Exclusive Revocable Grading and Road Construction License
E - Non-Exclusive Revocable Stormwater Facility License
F - Non-Exclusive Revocable Landscaping License
G - Authorization Letter to VDOT
H - Resolution