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07-27-2005 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 July 27, 2005 3:00 P.M. SESSION COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey recognized Sheriff Clarence Williams for receiving 100 percent compliance with Standards for Jails from the Board of Corrections. Members of the Accounting Department were recognized for receiving the Certificate for Excellence in Financial Reporting for the 24th consecutive year from the Government Finance Officers' Association. RESOLUTIONS AND SPECIAL RECOGNITIONS Adopted Resolution recognizing Chesterfield County's 2005 National Football League's Pro-Bowl players. Adopted Resolution recognizing Lieutenant James R. Picardat, Chesterfield Fire and Emergency Medical Services Department, upon his retirement. Adopted Resolution recognizing Mr. Richard K. Nowell, Department of General Services, Fleet Management Division, upon his retirement. DEFERRED ITEMS Moved to zoning portion of agenda for a public hearing Zoning Case 04SN0207 - Dart II LLC. NEW BUSINESS Approved Cash proffer policy changes; adoption of Marshall and Swift Building Cost Index increase of 9.3 percent for cash proffer cases already approved; and public hearing date of October 12, 2005 at 7:00 p.m. to consider adoption of maximum per dwelling unit cash proffer for fiscal year 2006. APPOINTMENTS Approved Appointment/reappointment of The Honorable Jerry Hendrick, Jr., The Honorable Philip V. Daffron, The Honorable Michael Lee, Mr. Raeford W. Walker, Ms. Elvira Shaw, Mr. Bradford S. Hammer, Mr. William W. Bradham, Jr., Sheriff Clarence G. Williams, Dr. John Morgan, Mr. D. Gregory Carr and Mr. Brad Peebles to serve on the Community Criminal Justice Board. Approved Appointment/reappointment of Ms. Brittney Walls, Mr. Samori Robinson, Ms. Cari Mueller, Mr. Nicholas Malone, Mr. Andrew Deitrick, Ms. Julie Burns, Ms. Nicole Lawrence, Mr. Bryce Burton, Ms. Tabitha Ballard, Mr. Cody Danford, Mr. Jamie Brindle, Ms. Amanda Seymour, Mr. Andre Walters, Ms. Sarah Hill, Ms. Crystal Thornhill, Ms. Lauren Edwards and Ms. Katie Valentine to serve on the Youth Services Citizen Board. STREETLIGHT COST APPROVAL Approved Streetlights as follows: in the cul-de-sac of Harbour Pointe Road in the Lands End Subdivision; at the intersection of Grassy Knoll Lane and West Providence Road in the Chestnut Hills Subdivision; at the intersection of Hopkins Road and Vauxhall Road and on Vauxhall Road, vicinity of trailers at Falling Creek Elementary School in the Garland Heights Subdivision. CONSENT ITEMS Adopted Resolution recognizing Lieutenant Lanney C. Jones, Chesterfield Fire and Emergency Medical Services Department, upon his retirement. Adopted Resolution recognizing Ms. Jo Amy Davis, Chesterfield Fire and Emergency Medical Services Department, upon her retirement. Adopted Resolution recognizing August 1-7, 2005, as "International Clown Week." Adopted Resolution recognizing Mrs. Gloria Thysell, Information Systems Technology Department, upon her retirement. 2 Adopted Adopted Adopted Adopted Adopted Approved Approved Approved Approved Approved Approved Approved Approved Resolution designating Gravesend, England in a twinning relationship for the Chesterfield 2007 and Jamestown 2007 celebrations. Resolution recognizing Mr. Christopher A. Hurley and Mr. Conor Blaine Wakeman upon attaining the rank of Eagle Scout. Resolution recognizing August 2, 2005, as "National Night Out" in Chesterfield County. Resolution recognizing Mrs. Mary Lou Sapko, Social Services Department, upon her retirement. Resolution recognizing Mr. Gerard W. Smith, Department of General Services, Radio Shop Division, upon his retirement. Public hearing date of August 24, 2005 at 7:00 p.m. for the Board to consider amending Section 17-73 of the Subdivision Ordinance relating to standards for paving of streets and acceptance into the state system. Public hearing date of August 24, 2005 at 7:00 p.m. for the Board to consider proposed minor amendments to the Chesapeake Bay Preservation Ordinance of the Zoning Ordinance. Public hearing date of August 24, 2005 at 7:00 p.m. for the Board to consider amending sections 19-185, 19-192, 19-195, 19-199 and 19- 523 of the County Code relating to setbacks in Industrial Zoned Districts. FY2006 Chesterfield Community Services Board performance contract. State road acceptance of roads in Duxton; Winfree's Colony; Burray at the Highlands; Lyndenwood at the Highlands; Oak Lake Business Center, Phase 1; Rivers Trace, Section D; and remainder of Tanner Village, Section B. Utility contract for Bendahl Valley - Section A. Acceptance and appropriation of funds from the Department of Environmental Quality; appropriation of construction funds and approval of construction contract for Nena Grove Lane (formerly Carver Heights Drive) water improvements project. Lease of property for the Office of Social Services. Approved Request from Anthony Clark, Sr. for permission for a proposed shed to encroach within a portion of a 16-foot sewer easement across Lot 10, Chester Grove Section A. Approved Request from Robert Alan Weinstein and Virginia Seidel Weinstein for permission for a proposed fence to encroach within a 16-foot drainage easement across Lot 40, Tanner Village, Section A at Charter Colony. Approved Request from Michael J. and Faith A. Cranston for permission for an existing fence to encroach within a 16-foot drainage easement across Lot 35, Tanner Village, Section A at Charter Colony. Approved Request from Garrett W. and Erin S. Noegel for permission for an existing fence to encroach within a 16-foot drainage easement across Lot 32, Tanner Village, Section A at Charter Colony. Approved Request from PBR Enterprises LLC for permission to install a private sewer service within a private easement to serve property on Memory Lane. Approved Request from Gregory T. and Karen J. Snidow for permission for a proposed fence to encroach within a 16-foot drainage easement across Lot 49, Mallory Village, Section A at Charter Colony. Approved Request from Mark J. and Kimberly H. Sowers for permission for a proposed fence to encroach within a 16-foot drainage easement across Lot 52, Mallory Village, Section A at Charter Colony. Approved Request from First States Investors 3099, LLC for permission for a proposed sign to encroach within a 16-foot water easement across its property on Midlothian Turnpike. Approved Approved Request from Chester Medical Office Center Association for permission for a sign to encroach within a 15-foot water easement across its property. Request to quitclaim a portion of a 16-foot water easement and a 16- foot drainage easement (public) across property of Wal-Mart Real Estate Business Trust. Approved Acceptance of a parcel of land adjacent to the north right of way line of Cogbill Road from H. Wayne Hamlett and Teresa J. Hamlett. Approved Acceptance of a parcel of land extending east from Springford Parkway from Westbridge Development, Incorporated. 4 Approved Approved Approved Transfer of District Improvement Funds from the Midlothian District Improvement Fund to the Police and Parks and Recreation Departments and to the School Board to defray the costs of the Midlothian Village Day Festival. Donation of District Improvement Funds from the Bermuda and Matoaca District Improvement Funds to the Shepherd's Center of Chesterfield. Donation of District Improvement Funds from the Bermuda, Clover Hill, Dale, Matoaca and Midlothian District Improvement Funds to the Henricus Foundation to offset the cost of providing a shuttle service for Henricus Publick Days. ADDED BY UNANIMOUS CONSENT Adopted Resolution recognizing Ms. Rebecca Marie Chapin upon attaining the Gold Award. Approved Allocation of $475,000 from the Utility Inducement Fund to pay for extending existing public wastewater lines to accommodate future development of Meadowville Technology Park; and construction contract to G. L. Howard, Incorporated. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS Denied Claim of Viking Enterprise, Incorporated for $86,531 in additional compensation for the River's Bend Fire Station construction contract. 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; Report on Roads Accepted into the state Secondary System; and a Report of the Planning Commission Substantial Accord Determination on VA 1084 K Commonwealth Center, Communications Tower (Case 05PD0359). 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 on specific legal matters regarding an allegation of a regulation of interstate commerce at a private landfill located in the county. 7:00 P.M. SESSION Reverend Lee Ellison, Pastor of Mount Hermon Baptist Church gave the invocation. Eagle Scout Kevin Irby led the Pledge of Allegiance. RESOLUTIONS AND SPECIAL RECOGNITIONS Adopted Resolution recognizing Ms. Frances B. Daniel, Social Services Department, upon her retirement. Adopted Resolution recognizing Mr. Christopher Davis, Mr. Elliot Meek, Mr. Kevin Irby, Mr. Kevin Leahy, Mr. Joseph Loeffler and Mr. Michael Baker upon attaining the rank of Eagle Scout. Adopted Resolution recognizing the Thomas Dale High School Boys Varsity Soccer Team for its outstanding accomplishments. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONINGS 04SN0207 Approved with proffered conditions In Matoaca Magisterial District, request of Dart H LLC for rezoning from Agricultural (A) to Residential (R-15) with Conditional Use Planned Development to permit exceptions to Ordinance requirements on 302.6 acres located on the north line of Woolridge Road, east of Otterdale Road, north of Woolridge Road. Tax IDs 708-675-1560; 708-677-8911; 709-675-6985; 709-676-0702, 5333, 6590 and 9324; 709-677-2520, 3264 and 3406; 709-678-5743; 710- 676-0704 and 1579; 710-677-3873; 710-678-Part of 7575; 711-677- 9367; 711-678-4858; 711-679-6522; and 712-679-2887 (Sheet 15). 05SR0171 Deferred until September 21, 2005 05SR0175 Approved with proffered conditions 05SN0188 Approved with one condition and proffered conditions 05SN0214 Approved with proffered conditions 05SN0243 Approved with one condition 05SN0247 Approved with one condition In Matoaca Magisterial District, request of Timothy J. Hauler for renewal of Conditional Use (Case 03AN0226) to operate a bed and breakfast and a special events business incidental to a dwelling unit on 14.5 acres located in the northwest quadrant of the intersection of Woodpecker Road and John Winston Jones Parkway, and known as 6100 Woodpecker Road. Tax ID 781-626-8240 (Sheet 41). In Dale Magisterial District, request of George Clarke, Jr. and Barbara Clarke for renewal of Conditional Use (Case 97AR0183) to permit a business (fuel oil business and dump truck service) operated incidental to a dwelling unit on 7.0 acres located on the east line of Flagler Road, south of Wannee Way, also the west line of Conifer Road, south of Bellbrook Drive. Tax IDs 784-676-0576, 0749 and 2573 (Sheet 18). In Clover Hill Magisterial District, request of Atlantic Homes LLC for rezoning from Agricultural (A) and Residential (R-7) to Residential Townhouse (R-TH) with Conditional Use Planned Development to allow exceptions to Ordinance requirements on 32.9 acres located in the southeast and southwest quadrants of the intersection of Elkhardt Road and Pocoshock Boulevard. Tax ID 762-700-4422 (Sheet 7). In Matoaca Magisterial District, request of Bracken LLC for rezoning from Agricultural (A) to Residential (R-88) of 107.5 acres located on the north line of Graves Road, east of River Road; and also east line of River Road, north of Graves Road. Tax IDs 755- 622-8744 and 9225; and 756-620-2777 (Sheet 40). In Midlothian Magisterial District, request of H. H. Hunt Corporation for amendment to Conditional Use Planned Development (Case 94SN0138) to permit a bank, office and child care center on 6.5 acres located on the north line of North Woolridge Road, west of Charter Colony Parkway. Tax ID 723-705-Part of 8818 (Sheet 5). In Clover Hill Magisterial District, ECK Enterprises, Inc. for amendment to Conditional Use Planned Development (Case 83S024) relative to outside storage on 2.2 acres located on the east line of Johnston Willis Drive, and better known as 801 Johnston Willis Drive. Tax ID 746-708-4321 (Sheet 6). 05SN0248 Approved with conditions In Dale Magisterial District, request of Carol Y. Lane for Conditional Use to permit a family day care home in a Residential (R-7) District on 0.4 acre located in the western terminus of Thierry Court, and better known as 6228 Thierry Court. Tax ID 770-679- 8498 (Sheet 17). 05SN0253 Approved with one condition and proffered conditions In Bermuda Magisterial District, request of Trustees of the Colonial Heights Baptist Church for rezoning from Agricultural (A), Community Business (C-3) and General Business (C-5) to Regional Business (C-4) with Conditional Use Planned Development to permit exceptions to Ordinance requirements on 37.9 acres located in the northeast quadrant of Arrowfield Road and Jefferson Davis Highway. Tax IDs 799-629-8706 and 8735; 800-628-7899-00001 and 00002; and 800-629-1355-00001 and 00002 (Sheet 41). 05SN0254 Approved with conditions In Matoaca Magisterial District, request of Steven M. Uphoff for Conditional Use to permit a two (2) family dwelling in a Residential (R-88) District on 2.6 acres located in the southern terminus of Chesdin Landing Terrace and known as 15642 Chesdin Landing Terrace. Tax ID 737-622-1579 (Sheet 39). 05SN0262 Approved with proffered conditions In Midlothian Magisterial District, request of Richmond Therapy Consultants for amendment to rezoning (Case 97SN0220) to allow pediatric clinics/offices and schools on 6.1 acres located on the west line of Coalfield Road, south of South Carriage Lane and known as 400 Coalfield Road. Tax ID 727-705-7582 (Sheet 5). 05SN0263 Approved with proffered conditions In Bermuda Magisterial District, request of River Forest Development Company, LLC for rezoning from Multifamily Residential (R-MF) and Community Business (C-3) to Multifamily Residential (R-MF) with Conditional Use Planned Development to permit exceptions to Ordinance requirements on 24.6 acres located on the north line of Carver Heights Drive, west of West Booker Boulevard. Tax IDs 778-651-6195; 779-651-4095; and 779-652- Part of 6471 and 8201 (Sheet 26). 05SN0269 Deferred until August 24, 2005 In Bermuda Magisterial District, request of Charlene Oliver-Downs for Conditional Use to permit a family day care home in a Residential (R-25) District on 1.1 acres located in the northeast quadrant of the intersection of Creekbluff Ridge and Swiftrock Ridge Drives and known as 7113 Creekbluff Ridge Drive. Tax ID 771-644-7316 (Sheet 33). 05SN0272 Approved with proffered conditions 05SN0275 Approved with proffered conditions 05SN0281 Approved with proffered conditions 05SN0283 Approved with one condition 05HP0289 Approved with one condition 05HP0301 Approved 05PW0412 Approved In Bermuda Magisterial District, request of Schoolhouse LLC for rezoning from Residential (R-7) to Neighborhood Business (C-2) of 0.3 acre located in the southeast quadrant of the intersection of West Hundred Road and Petersburg Street, and known as 3909 West Hundred Road. Tax ID 790-655-8954 (Sheet 26). In Bermuda Magisterial District, request of Thomas Rohlk and Leanne Rohlk for rezoning from Neighborhood Business (C-2) to Community Business (C-3) of 0.8 acre located on the north line of West Hundred Road, west of Ecoff Avenue. Tax ID 787-653-5686 (Sheet 26). In Bermuda Magisterial District, request of Mark A. Landa for rezoning from Light Industrial (I-l) and General Industrial 0-2) to General Business (C-5) of 6.0 acres located on the north line of Ruffin Mill Road approximately 1,500 feet east of Interstate 95. Tax ID 805-638-7523 (Sheet 35). In Bermuda Magisterial District, request of Chesterfield Meadows Shopping Center Assoc., L.P., LLP and Assoc. III, L.L.C. and Ukrops Supermarkets, Inc. for amendment of Conditional Use Planned Development (Cases 84S082 and 87S024) to delete square footage limitations for stores on 21.6 acres located on the east line of Iron Bridge Road, on the south line of Centralia Road and on the north and south lines of Chesterfield Meadows Drive. Tax IDs 773- 659-5196 and 773-660-4170, 6298, 7640 and 8800 (Sheet 25). In Bermuda Magisterial District, request of Keith Cole for historic landmark designation for the Home Economics Cottage on 0.37 acre known as 3909 West Hundred Road. Tax ID 790-655-8954 (Sheet 26). In Bermuda Magisterial District, request of Crystal Monroe for historic landmark designation and amendment of the zoning district map for the Point of Rocks House on 10.0 acres known as 1011 Point of Rocks Road. Tax ID 820-641-8483 (Sheet 34). In Bermuda Magisterial District, request of 95-10 Development, LC for an exception to Section 19-232 of the Chesapeake Bay Preservation Act Requirements of the Zoning Ordinance to permit the encroachment of the commercial area and road network into the Resource Protection Area on property bounded to the north by West Hundred Road (Route 10), to the east by two (2) hotel sites, to the south by an industrial park and to the west by the Interstate 95 Interchange. Tax IDs 801-653-9281 and 802-654-1815 and 4917. PUBLIC HEARINGS Adopted Adopted Approved, as amended Adopted Adopted Public hearing deferred until October 12, 2005 Adopted Public hearing deferred until September 21, 2005 Public hearing deferred until September 21, 2005 Public hearing closed and issue deferred September 21, 2005 Approved Ordinance to establish the "Beckham Drive Sewer Assessment District" for four lots in the Englewood Subdivision. Ordinance amendments relative to use of alcohol on certain public property. The Chester Plan_, an amendment to the Plan for Chesterfield, including replacement of the Chester Village Plan and amendments to the Central Area Plan and the Thoroughfare Plan. Ordinance amendments relating to subdivision plat restriction, approval and exemption provisions. Revenue Recovery Ordinance amendments. Ordinance amendments relating home occupations. Ordinance amendments relating to juvenile firefighters. Ordinance amendments relating to the use of pneumatic guns in the county. Ordinance amendments relating to carrying loaded firearms and discharging loaded firearms on or near public highways, public schools or public parks. Ordinance amendment relating to rates for taxi services. Conveyance of county property along Jefferson Davis Highway and Milhorn Street to the Commonwealth of Virginia. The meeting adjourned at 11:53 p.m. until August 24, 2005 at 3:00 p.m. for the next regularly scheduled meeting in the Public Meeting Room. 10