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03-09-2005 Board SummaryBoard of Supervisors Edward B. Barber R. M. "Dickie" Khrg, Jr. Remry Bush Hunrphrey Kelly E. Miller Arthur S. Warren County Administrator Lane B. Ranrsey Summary of Actions Taken by the Board on March 9, 2005 3:30 P.M. SESSION RESOLUTIONS AND SPECIAL RECOGNITIONS Adopted Resolution recognizing the contribution of Austin Brockenbrough and Associates, L.L.P. toward development of the Government Center Demonstration Fitness Trail. Adopted Resolution recognizing the contribution of Luck Stone toward development of the Government Center Demonstration Fitness Trail. WORK SESSION A work session was held to review the County Administrator's proposed FY2006 expenditure budget and the Management Services Division's proposed FY2006 budget. DEFERRED ITEMS Deferred until March 8, 2006 Streetlight in the vicinity of 2405 Arrowfield Road in the Bermuda District. CONSENT ITEMS Approved State road acceptance of roads in Kings Farm at Riverdowns, Section 2 and Kings Farm at Riverdowns, Section 4. Adopted Resolution recognizing Mrs. Virginia L. Refo, Social Services Department, upon her retirement. Approved Renaming of a portion of Center Pointe Parkway to Lucks Lane. Approved Permit to stage a fireworks display at 70 Bellona Arsenal, Midlothian, Virginia on May 27, 2005. Approved Award of contract to Early Marine, Incorporated for cleanup of various sections of Falling Creek. Approved Request for permission from Norman R. Way, Jr. and Caroline L. Way for a proposed private under drain system to encroach within a 50-foot greenway easement across Lot 2, Queensmill, Section E-2. Approved Request for permission from Trina Lynn Allen to install a private water service within a private easement to serve property on De Lavial Street. Approved Request for permission from Cooke's 60 Land, L.L.C. for a sign to encroach within a 16-foot sewer and drainage easement. Approved Request for permission from Trustees of Living Word Ministries to install a private sewer service within a private easement to serve properties on Courthouse Road. Approved Request for permission from Mitchell J. Tedeschi to install a private sewer service within a private easement to serve property on Hull Street Road. Approved Request from Earnest L. and Margaret C. Morgan to install a private sewer force main line within a 16-foot alley to serve property on Normandale Avenue. Approved Request from Martin P. Schwind Contractor, Incorporated to install a private sewer service within a private easement to serve property on Village Gate Drive. Approved Request from James Vernon Daniels to install a private sewer service within a private easement to serve property on Gill Street. Approved Acceptance of two parcels of land along the north right of way line of West Hundred Road from George P. Emerson, Jr. Approved Acceptance of a parcel of land along the north right of way line of West Hundred Road from George P. Emerson, Jr. and Darlene B. Emerson. Approved Acceptance of a parcel of land along the north right of way line of Rivers Bend Boulevard from RB II, LLC. 2 Approved Approved Approved Approved Approved Approved Approved Acceptance of a parcel of land at the western terminus of Twin Cedars Road from The Reeds Landing Corporation. Request to quitclaim a temporary turnaround easement across the property of The Reeds Landing Corporation. Appropriation of funds for the Bailey Bridge Road Shoulder Project. Public hearing date of April 13th at 7:00 p.m. for the Board to consider an ordinance providing for the removal and disposal of unattended or immobile motor vehicles. Public hearing date of March 23, 2005 at 7:00 p.m. for the Board to consider the appropriation of $700,000 in anticipated Federal Emergency Management Agency (FEMA) reimbursement for debris hauling for Hurricane Isabel. Transfer of District Improvement Funds from the Matoaca District Improvement Fund to the Chesterfield County School Board to purchase a wrestling mat for Manchester High School. Transfer of District Improvement Funds from the Bermuda, Clover Hill, Dale, Matoaca and Midlothian District Improvement Funds to the School Board for Post Prom Celebrations. ADDED BY UNANIMOUS CONSENT Approved Request from William B. DuVal and Gene H. DuVal for permission for two driveways to encroach within a 50-foot right of way known as Perdue Avenue. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS Ms. Cathy Kirk addressed the Board regarding "a possible violation of her First Amendment rights to free speech and assembly" and the application of the deferral policy adopted by the Board of Supervisors on February 11, 2004. REPORTS Accepted Report on Developer Water and Sewer Contracts; Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases; and a Report on Roads Accepted into the State Secondary System. CLOSED SESSION A closed session was held pursuant to Section 2.2-371 l(A)(7), Code of Virginia, 1950, as amended, for consultation with legal counsel regarding the judgment in the case of Scott V. Hechler v. County of Chesterfield; consultation with legal counsel regarding the use of eminent domain to acquire a middle school site pursuant to Section 2.2-3711(A)(7); and discussion of the acquisition of real property for a middle/elementary school site because discussion in an open meeting would adversely affect the negotiating strategy of the county pursuant to Section 2.2-371 l(A)(3). 7:00 P.M. SESSION Reverend Margaret Kutz, Senior Pastor, Chester United Methodist Church gave the invocation. Eagle Scout Bradford Schultz led the Pledge of Allegiance. RESOLUTIONS AND SPECIAL RECOGNITIONS Adopted Resolution recognizing the generosity of the Brandermill community. Adopted Resolutions recognizing Mr. Bradford Schultz, Mr. Ravin Perry, Mr. Michael Keblusek and Mr. David Shapiro upon attaining the rank of Eagle Scout. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONINGS 04SR0250 Denied In Dale Magisterial District, request of Douglas J. and Deborah A. Hackman for renewal of Conditional Use Planned Development (Case 03SR0100) on 7.2 acres located on the west line of Newbys Bridge Road, south of Sunny Grove Road. Tax IDs 758-681-2847 and Part of 4279 (Sheet 17). 04SN0273 Deferred until June 22, 2005 In Dale Magisterial District, request of Kahn Properties South LLC for amendment to Conditional Use Planned Development (Case 97SN0165) on 3.0 acres located in the northeast quadrant of Iron Bridge and Centralia Roads. Tax IDs 772-661-8240 and 773-661- 0235 (Sheet 25). 4 04SN0271 Approved with proffered conditions 05SN0129 Approved with proffered conditions 05SN0148 Approved with proffered conditions 05SN0165 Approved with no conditions 05SN0166 Approved with conditions and proffered conditions 05SN0168 Approved with no conditions 05SN0172 Approved with proffered conditions In Bermuda Magisterial District, request of Jack and Nina Shoosmith for rezoning from Community Business (C-3) to Community Business (C-3) with Conditional Use Planned Development to permit exceptions to Ordinance requirements on 20.4 acres located on the south line of Iron Bridge Road, east line of Branders Bridge Road and the north line of West Hundred Road, and located at the intersection of these roads. Tax IDs 782-651- 3577, 4567, 5761, 7069 and 9075; 782-652-0316, 5011 and 9213; and 783-652-1315 (Sheet 26). In Bermuda Magisterial District, request of Stephen Marcus for rezoning from Residential (R-7) to Community Business (C-3) of 2.3 acres located on the south line of Dundas Road, west of Jefferson Davis Highway. Tax ID 790-683-Part of 5379 (Sheet 12). In Bermuda Magisterial District, request of Michael Barr for rezoning from Residential (R-12), General Business (C-5) and Light Industrial (I-l) to Residential (R-12) of 15.5 acres located on the south line of Hamlin Creek Parkway, east of Chester Road and northeast of the terminus of Hamlin Creek Parkway. Tax IDs 788- 665-Part of 9224 and 789-664-Part of 3463 (Sheet 26). In Bermuda Magisterial District, request of Sherry D. Gordon and Mike P. Gordon for amendment to Conditional Use Planned Development (Case 84S082) relative to signage on 1.2 acres known as 10331 Memory Lane. Tax ID 774-660-4052 (Sheet 25). In Dale Magisterial District, request of W. E. Croxton for Conditional Use to permit office and contractor's office uses in an Agricultural (A) District and a Conditional Use Planned Development to permit exceptions to Ordinance requirements on 0.9 acre known as 7001 and 7005 Iron Bridge Road. Tax IDs 772-677- 8814 and 8822 (Sheet 17). In Bermuda Magisterial District, request of Red Water Creek LLC for rezoning from Agricultural (A) to General Business (C-5) of 7.6 acres lying off the west line of Jefferson Davis Highway, north of Southland Drive. Tax ID 799-655-Part of 5876 (Sheet 26). In Clover Hill Magisterial District, property of Stephen Thomas for rezoning from Agricultural (A) to Residential (R-12) of 18.1 acres known as 10114 West Providence Road. Tax ID 749-693-1457 (Sheet 10). 05SR0186 Approved with conditions 05SN0189 Approved with one proffered condition 05SN0204 Approved with conditions 05SN0205 Approved with conditions 05SN0208 Approved with conditions 05SN0209 Deferred until April 27, 2005 05SN0216 Approved with proffered conditions In Bermuda Magisterial District, request of Garrett McGowan and Patricia C. McGowan for Conditional Use to permit a business (lawn care) operated incidental to a dwelling unit on 1.0 acre known as 13610 Golf Course Road. Tax ID 811-650-3454 (Sheet 27). In Midlothian Magisterial District, request of Conreal, LLC for amendment to zoning (Cases 03SN0245 and 04SN0297) to permit drive-in or drive-through facilities associated with a bank or other financial institution on 6.4 acres located on the east line of Walmart Way, north of Midlothian Turnpike. Tax IDs 735-709-Part of 5944 and 8503; and 736-709-1439 and Part of 4223 (Sheet 6). In Clover Hill Magisterial District, request of Mt. Gilead Full Gospel International Ministries for Conditional Use to permit a private school use in an Agricultural (A) District on 60.4 acres lying off the north line of Hicks Road and at the southern terminus of Vixen Lane. Tax IDs 759-694-3145 and 760-694-2183 (Sheet 11). In Clover Hill Magisterial District, request of Nextel Communications of the Mid-Atlantic, Inc. for Conditional Use to permit a communications tower in a Corporate Office (0-2) District on 8.0 acres known as 300 Arboretum Place. Tax ID 753-704-9059 (Sheets 6 and 7). In Matoaca Magisterial District, request of Melissa Blackmore for Conditional Use to permit a family day care home in a Residential (R-9) District on .3 acre known as 15918 Hampton Glen Court. Tax ID 713-666-9888 (Sheet 15). In Bermuda Magisterial District, request of Kelly Brod for amendment to Conditional Use Planned Development (Case 84S149) to permit a model home on 86.6 acres located on the north line of Ramblewood Drive, east line of Golf Course Road, and the southeast line of Old Bermuda Hundred Road. Tax ID 812-651- 7817 (Sheets 27 and 35). In Bermuda Magisterial District, request of VA Baptist Childrens' Home and Family Services for rezoning from Residential (R-7) to Neighborhood Office (O-1) of 0.6 acre known as 3309 W. Hundred Road. Tax ID 794-655-0966 (Sheet 26). 05SN0217 Approved with proffered conditions In Matoaca Magisterial District, request of David Perno for a Conditional Use to permit a dwelling unit separated from the principal dwelling unit in a Residential (R-88) District on 3.7 acres known as 12607 Chesdin Landing Drive. Tax ID 739-625-5882 (Sheet 39). 05SN0223 Deferred until April 27, 2005 In Dale Magisterial District, request of Chesterfield County Health Commission for rezoning from Agricultural (A) to Multifamily Residential (R-MF) with Conditional Use Planned Development to permit multifamily, single family and two (2) family dwelling units; nursing home; child care center uses; and exceptions to Ordinance requirements on 26.7 located on the west line of Government Center Parkway, east line of Courts Complex Road, south line of Courthouse Road and located in the southeast quadrant of the intersection of these roads. Tax IDs 769-665-Part of 9903; 770-664- Part of 6398; 771-665-Part of 3354 and Part of 3701; and 773-665- Part of 2523 (Sheets 17 and 25). PUBLIC HEARINGS Adopted Ordinance amendments relating to standards for paving of streets and acceptance into the state system. Adopted Resolution requesting the Virginia Department of Transportation to restrict through truck traffic on McEnnally Road between North Spring Run Road and Winterpock Road. Adopted Ordinance amendments to the county's massage therapy ordinance to allow massages to be performed for compensation by massage therapy students. The meeting adjourned at 9:48 p.m. until March 23, 2005 at 3:30 p.m. for the next regularly scheduled meeting in the Public Meeting Room.