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05-23-2007 Board Summary Board of Supervisors Kelly E. Miller Renny Bush Humphrey R. M. “Dickie” King, Jr. Donald D. Sowder Arthur S. Warren County Administrator Lane B. Ramsey Summary of Actions Taken by the Board on May 23, 2007 3:00 P.M. SESSION COUNTY ADMINISTRATOR’S COMMENTS ?? Mr. Wayne Frith, Executive Director of Substance Abuse Free Environment, Incorporated (SAFE) and Ms. Kate Doyle, Chair of SAFE’s Underage Drinking Task Force, presented a report of the task force. ?? Mr. Fran Pitaro, Director of General Services, and “Clarabelle Clean-up” (Ms. Pam Cooper) provided details of the county’s Second Annual Environmental Fair. ?? Ms. Sarah Snead, Director of Social Services, and Mr. Scott Gilchrist, Permanency Team Supervisor, provided details of the county’s foster care program and PRIDE (Parent Resources for Information, Development and Education) training, in recognition of May, as “Foster Care Month.” ?? In response to a recent newspaper article, Mr. Ramsey and Mr. Kirk Turner, Director of Planning, clarified that the proposed Upper Swift Creek Plan amendment does not include a tax increase to support transportation. ?? Ms. Dickson provided details of the success of Henricus Publick Days, the Godspeed event, and hosting of the Gravesham, England government delegation and twinning group. RESOLUTIONS Adopted Resolution recognizing Comcast Cablevision for a donation towards the 2007 “Chesterfield Celebrates” Campaign by Chesterfield County Parks and Recreation Department. Adopted Resolution recognizing Police Department Chaplain Bob Floyd upon his retirement and for his many years of service to the department and to the residents of Chesterfield County. 1 Adopted Resolution recognizing the Ettrick Neighborhood and Business Foundation, Virginia State University, the Rudi Johnson Foundation, the Ettrick Historical Society, Mr. R. L. Dunn and the Friends of Ettrick Society for their contributions and participation in the Ettrick Clean Up Day. APPOINTMENT Approved Reappointment of Mr. Neil Amin to the Richmond Metropolitan Convention and Visitors Bureau Board of Directors. CONSENT ITEMS Approved License agreement with the Chesterfield Softball Association Incorporated for the short-term operation of concession facilities at the Harry G. Daniel Park at Iron Bridge and the Warbro Road Athletic Complex. Approved FY2007 School Board Grant Fund revisions. Approved FY2007 School Board Capital Improvement Program year-end revisions and public hearing date of June 27, 2007 at 6:30 p.m. to revise the FY2007 Capital Improvement Program appropriations. Approved FY2007 School Board Operating Fund year-end adjustments. Adopted Resolution recognizing May 6-12, 2007, as “National Arson Awareness Week.” Adopted Resolution recognizing Mr. Emmett Allen Luck and Mr. Travis Myles Luck upon attaining the rank of Eagle Scout. Adopted Resolution recognizing Ms. Monica Marlo Foster upon attaining the Gold Award. Adopted Resolution electing a 1.85 percent Virginia Retirement System (VRS) multiplier for public safety (LEOS) employees. Adopted Resolution recognizing Sergeant James M. Magda, Jr., Police Department, upon his retirement. Adopted Resolution recognizing Major James T. Nowlin, Police Department, upon his retirement. 2 Denied Request for a music/entertainment festival permit for Amusement Promotions, Incorporated and Reithoffer Shows to conduct a carnival at Cloverleaf Mall on June 7 through June 17, 2007. Approved Transfer of District Improvement Funds from the Bermuda District Improvement Fund to the School Board to purchase a pitching machine for the softball program at Thomas Dale High School. Approved Transfer of District Improvement Funds from the Matoaca District Improvement Fund to the School Board to purchase a trophy case for O.B. Gates Elementary School. Approved Transfer of District Improvement Funds from the Midlothian District Improvement Fund to the Parks and Recreation Department to make field improvements to the existing baseball field at James River High School. Approved Award of contract to Capital Carbonic Gas Corporation, known as Harbor Dredge and Dock, for construction of Dutch Gap Conservation Area Channel Bridge. Approved Award of construction contract to Johnson and Glazier Construction Company for the Meadowridge Water Line Improvement Project. Approved Award of construction contract for the Woolridge Road (Charter Colony Parkway to Coalfield Road) Bond Project. Approved Award of construction contract for the Beulah Road (Summerleaf Drive to Hopkins Road) Bond Project. Approved Conveyance of easement to Virginia Electric and Power Company for underground cable to provide service to the new Harpers Mill Elementary School. Approved Conveyance of easement to Virginia Electric and Power Company for underground cable to provide service to the new Tomahawk Creek Middle School. Approved Request from Brlynne LLC to install a private sewer service within a private easement to serve property on Justice Road. Approved Request from Mohammad A. and Sara Ali for a fence to encroach within two 8-foot drainage easements, an 8-foot easement, a 10-foot temporary construction easement, and a 20-foot and variable width sewer easement across Lot 56, Tanner Village, Section A at Charter Colony. 3 Approved Request from Irene W. Carnes for a proposed concrete dumpster pad to encroach within a storm water management system/best management practice easement across Chester Square, Parcel B. Approved Request from John H. Harvey for landscaping to encroach within a 20- foot sewer easement, a 16-foot drainage easement and an 8-foot easement across Lot 23, Madison Village, Section A at Charter Colony. Approved Request from Thomlin3 LLC to install a private sewer service within a private easement to serve property on Justice Road. Approved Request from William Brand and Deborah B. Inlow for a proposed fence to encroach within a 30-foot drainage and sewer easement and a 16-foot easement across Lot 61, Stewart Village, Section A at Charter Colony. Approved Request from Douglas A. and Sara A. James for a proposed deck to encroach within a 5-foot temporary construction easement across Lot 13, Block A, Cross Creek, Section B. Approved Request from Donald L. and Dana H. Leonowicz for an exception to the use of public wastewater for a proposed residential structure located on River Road. Approved Designation of right of way, temporary construction easements and Virginia Department of Transportation sight distance and slope and drainage easements for the replacement Clover Hill High School. Approved Acceptance of two parcels of land for the extension of Brandermill Parkway from the Trustees of Countryside Christian Church. Approved Acceptance of two parcels of land for the extension of Chestnut Hill Road from White Oaks Development, LLC. Approved Acceptance of two parcels of land along the south right of way line of West Hundred Road from James E. Higgins, Sr. and James E. Higgins, Jr. Approved Acceptance of a parcel of land along the south right of way line of Bailey Bridge Road from Leroy McLaughlin. Approved Acceptance of three parcels of land along Carver Heights Drive and for the extension of Rivington Drive from Princeton Properties, Incorporated. Approved Acceptance of two parcels of land for the extension of Rivington Drive from River Forest Development Company, LLC. 4 Approved Acceptance of a parcel of land for the extension of Brandermill Parkway from Glenn M. Hill. Approved Public hearing date of June 27, 2007 at 6:30 p.m. for the Board to consider an ordinance to establish the “Ironwood Road Sewer Assessment District.” Approved Public hearing date of June 27, 2007 at 6:30 p.m. for the Board to consider an ordinance to establish the “Ironwood Road Water Assessment District.” Approved Public hearing date of June 27, 2007 at 6:30 p.m. for the Board to consider the exercise of eminent domain for the acquisition of right-of- way, temporary and permanent construction easements, permanent drainage easements, and utility easements for the Route 10 Widening Project from I-95 to Ware Bottom Spring Road. Approved Public hearing date of June 27, 2007 at 6:30 p.m. for the Board to consider the restriction of through truck traffic on Old Happy Hill Road. Approved Public hearing date of June 27, 2007 at 6:30 p.m. for the Board to consider the restriction of through truck traffic on Bermuda Hundred Road. Approved Public hearing date of June 27, 2007 at 6:30 p.m. for the Board to consider a proposed amendment to Section 19-227 of the County Code pertaining to the sale of alcoholic beverages near schools, residentially zoned property, day care centers, churches and other places of worship. Approved Public hearing date of June 27, 2007 at 6:30 p.m. for the Board to consider an amendment to the Thoroughfare Plan in the vicinity of the Brandy Oaks Subdivision. Approved State road acceptance of roads in Thornsett; Eastfair Drive and Highland Glen Drive; Jessup Place; remainder of Kingsland Glen, Section 1; Meadowbrook Farm, Section I; Edgewater at the Reservoir, Sections 4 and 8; Otterdale Pointe; Red Fern Station; and Sovereign Grace Drive. Approved Request to quitclaim a portion of a variable width drainage easement (private) and a portion of a variable width sewer and water easement across the property of Breckenridge 2005 LLC. Approved Appropriation of road cash proffer funds and authorization to proceed with the Branders Bridge Road (Stoney Glen) Reconstruction Project. 5 Approved Remand to the Planning Commission the Upper Swift Creek Plan with a 60-day deadline to report back to the Board. Approved Conveyance of easement/license to Virginia Electric and Power Company for underground cable to provide service to the Bermuda Schools site. Approved Conveyance of easement/license to Verizon Virginia Incorporated for underground cable to provide service to the Bermuda Schools site. ADDED BY UNANIMOUS CONSENT Approved Initiate an application to rezone the Winchester Forest site. REPORTS Accepted Report on Developer Water and Sewer Contracts; a Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases; and Reports of the Planning Commission Substantial Accord Determinations for: 1) New Cingular Wireless PCS, LLC (Case 07PD0321) to co-locate an antenna on a Virginia Power structure located off Kingsland Road, east of Beulah Road; 2) (Marc Cornell) Richmond 20MHz, LLC (Case 07PD0325) to co-locate an antenna on a Virginia Power structure located between Raven Wing and Escada Drives; 3) Clearwire US LLC (Case 07PD0328) to co-locate an antenna on a Virginia Power structure located on property south of Lucks Lane, east and west of Water Willow Drive; and 4) County of Chesterfield Public Libraries (Case 07PD0306) to permit a public library located along the west line of Courthouse Road across from Smoketree Drive. 6:30 P.M. SESSION Father Lou Ruoff, Pastor of Saint Ann Catholic Church, gave the invocation. Mr. David Tesh, Fire and Emergency Medical Services Volunteer Recruitment and Retention Coordinator, led the Pledge of Allegiance to the flag of the United States of America. RESOLUTIONS Adopted Resolution recognizing May 20-26, 2007, as “Emergency Medical Services Week” in Chesterfield County. 6 Adopted Resolution recognizing Mr. John Cogbill, III for his service to the Economic Development Authority of Chesterfield County. Adopted Resolution recognizing the Manchester Middle School Math Team on its outstanding representation of Chesterfield County. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONINGS 07SN0210 In Bermuda Magisterial District, request of Richard M. Allen for Acknowledged amendment of Conditional Use Planned Development (Case 87S090) withdrawal of the relative to hours of operation on 12.2 acres located on the north line of request Iron Bridge Road; the east line of Chalkley Road and in the northeast quadrant of the intersection of these roads. Tax IDs 779-653-7767 and 780-654-Part of 0821. 04SN0224 In Matoaca Magisterial District, request of Douglas R. Sowers and Susan Deferred until S. Sowers for rezoning from Agricultural (A) to Residential (R-12) of 146 August 22, 2007 acres located east of Lacy Farm Road, north of Ahern Road. Tax IDs 695-695-3122, 695-697-8107 and 696-695-7571. 06SN0215 In Matoaca Magisterial District, request of W. V. McClure Inc. for (Amended) rezoning from Agricultural (A) and Multifamily Residential (R-MF) to Approved with Community Business (C-3) of 69.9 acres with Conditional Use to permit proffered multifamily and townhouse uses and rezoning from Agricultural (A) to conditions Multifamily Residential (R-MF) of 8.7 acres plus Conditional Use Planned Development on the entire 78.6 acres to allow exceptions to Ordinance requirements, located on the north line of Cosby Road; the east line of Otterdale Road and in the northeast quadrant of the intersection of these roads. Tax IDs 712-670-4080; 712-671-8544; 713-671-1799, 2000, 2660, 4107 and 7682; and 713-672-Part of 1358. 06SN0256 In Dale Magisterial District, request of Henry E. Myers, Jr. (General Deferred until Partner of Myers Family Partnership) for rezoning from Agricultural (A) June 27, 2007 to Corporate Office (O-2) of 6.9 acres in the southeast quadrant of the intersection of Lori Road and Frith Lane. Tax ID 769-663-Part of 9114. 07SN0136 In Matoaca Magisterial District, requests of Pristine Development LLC Approved with for: 1) rezoning from Agricultural (A) to Residential (R-12) plus proffered Conditional Use Planned Development to permit exceptions to Ordinance conditions requirements on 189 acres located on the north line of Duval Road, west of Otterdale Road. Tax IDs 704-678-Part of 4771 and 705-680-3057; and 2) waiver to street connectivity requirements between northern and southern portions of the development across the perennial stream. 7 07SN0143 In Midlothian Magisterial District, request of J. B. Barnett for rezoning Approved with from Residential (R-7) to Agricultural (A) with Conditional Use to permit proffered a contractor’s shop and storage yard on 0.7 acre located in the southwest conditions quadrant of the intersection of Crowder Drive and Westfield Road and better known as 1224 Crowder Drive. Tax ID 729-708-2499. 07SN0205 In Midlothian Magisterial District, request of Goode Land Company for Approved with rezoning from Agricultural (A) to Neighborhood Business (C-2) of 2.1 proffered acres located in the southwest quadrant of Midlothian Turnpike and conditions Otterdale Woods Road. Tax ID 721-709-3240. 07SN0255 In Midlothian Magisterial District, requests of Rebkee Partners Deferred until Westchester for: 1) rezoning from Agricultural (A) to General Industrial July 25, 2007 (I-2) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements on 10.0 acres; and 2) Conditional Use to permit commercial uses on 16.0 acres zoned General Industrial (I-2) (total of 26.0 acres) located on the north line of Midlothian Turnpike, east of Huguenot Springs Road; also fronting on the east line of Huguenot Springs Road, south of Dragonnade Trail. Tax ID 714-711-Part of 2160. 07SN0261 In Bermuda Magisterial District, request of Top Notch Contracting Inc. (Amended) for rezoning from Residential (R-7) to Corporate Office (O-2) and Approved with Residential Townhouse (R-TH) plus Conditional Use Planned proffered Development to permit exceptions to Ordinance requirements on 1.6 acres conditions located on the north line of West Hundred Road, west of Old Centralia Road and better known as 3810 West Hundred Road. Tax ID 791-656- 2236. 07SN0265 In Matoaca Magisterial District, request of Hickory Road LLC for Approved with rezoning from Agricultural (A) to Residential (R-88) of 53.9 acres located proffered on the south line of Hickory Road, west of Graves Road. Tax ID 767- conditions 623-Part of 5010. 07SN0268 In Matoaca Magisterial District, request of Tonya P. Simington for Approved with Conditional Use to permit a family day care home in a Residential (R-12) conditions District on 0.5 acre located on the northern terminus of Branched Antler Circle and better known as 7100 Branched Antler Circle. Tax ID 727- 671-3008. 07SN0275 In Matoaca Magisterial District, request of Jared Swanson for Conditional Denied Use to permit a family day care home in a Residential (R-12) District on 0.3 acre located in the northeast quadrant of War Admiral and Count Fleet Drives and better known as 13732 War Admiral Drive. Tax ID 729-669- 4038. 8 07SN0280 In Clover Hill Magisterial District, requests of Genito Townes, LLC for: Approved with 1) rezoning from Community Business (C-3) to Residential Townhouse proffered (R-TH) plus Conditional Use Planned Development to permit exceptions conditions to Ordinance requirements on 17.9 acres located on the north line of Genito Road, east of Clintwood Road; also fronting the east termini of Davelayne and Delgado Roads and the southern terminus of Oakmeadow Lane. Tax ID 743-685-2000; and 2) waiver of street connectivity requirements to Davelayne Road, Delgado Road and Oakmeadow Lane. 07SN0281 In Clover Hill Magisterial District, request of Bayhill Development Corp. Approved with for rezoning from Agricultural (A) to Residential Townhouse (R-TH) plus proffered Conditional Use Planned Development to permit exceptions to Ordinance conditions requirements on 59.4 acres located on the east line of South Old Hundred Road, across from Brandermill Parkway. Tax IDs 731-685-8002 and 732- 685-4864. 07SN0283 In Bermuda Magisterial District, request of Ellmer Properties Chesterfield Approved with II LLC for rezoning from General Industrial (I-2) to General Business (C- one proffered 5) of 3.9 acres located off the south line of Ruffin Mill Road, east of condition Interstate 95. Tax ID 805-637-Part of 4128. 07SN0284 In Midlothian Magisterial District, request of Page Development Approved with Company for rezoning from Agricultural (A) to Community Business (C- proffered 3) of 6.3 acres located on the southwest line of Old Buckingham Road, conditions northwest of Huguenot Road. Tax ID 739-709-6117. 07SN0287 In Matoaca Magisterial District, request of Commonwealth Center III, Acknowledged LLC and TCR Mid Atlantic Land Acquisition Limited Partnership for withdrawal of the amendment to rezoning (Case 98SN0137) relative to uses and Conditional request Use to permit multifamily use on 14.2 acres located in the southwest quadrant of the intersection of Commonwealth Centre and Brad McNeer Parkways. Tax ID 735-676-7611. 07SN0318 In Bermuda Magisterial District, request of William Hambright for Approved with renewal of temporary manufactured home permit 00SR0182 to park a conditions manufactured home in a Heavy Industrial (I-3) District on 0.2 acre known as 8329 Haven Avenue. Tax ID 796-675-2588. PUBLIC HEARINGS Adopted Ordinance exempting applicants for residential building permits from paying building permit fees for the construction of handicap access ramps. 9 Adopted Resolution requesting that the Virginia Department of Transportation restrict through truck traffic on Woodlake Village Parkway, Lakebluff Parkway, and Timber Bluff Parkway from Hull Street Road to Woolridge Road. Approved Ground leases in connection with Certificates of Participation financing for the Smith-Wagner Building Expansion/Renovation Project, the Circuit Court/General District Courthouse Expansion Project, the Five-Story Administration Building Renovation Project, and the Offsite Public Safety Training Center Project. Adopted Ordinance establishing the “Cedar Crest Sewer Assessment District” for five lots in the Englewood and Saint Johns Woods Subdivisions. Approved Sale of approximately 57 +/- acres of public land located at the intersection of Ironbridge Road and Courthouse Road to Ironbridge Land Company. Adopted Ordinance vacating a portion of A Map of Ampthill Gardens, Section 2. Approved Declaration of the vacant dilapidated dwelling at 21509 Pannil Street blighted and authorization for county staff to proceed with demolition to abate the blight. Approved Exercise of eminent domain for the acquisition of water and temporary construction easements for the Southwest Corridor Waterline Project – Part B on property located at 12721 Riverway Road, 12701 Riverway Road, 12301 Riverway Road, and 12201 Riverway Road. Public hearing Exercise of eminent domain for the acquisition of water and temporary canceled construction easements for the Southwest Corridor Waterline Project – Part A on property located at 10940 River Road. Deferred until Public hearing to consider adoption of an ordinance creating the Powhite June 27, 2007 Parkway Extension West Service District for road construction improvements to serve Magnolia Green. CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. C. L. Morrissette, Jr. addressed the Board relative to the placement of signs notifying residents of zoning requests and the Planning Commission’s suggested procedures for zoning cases. The meeting adjourned at 10:21 p.m. until June 27, 2007 at 3:00 p.m. for the next regularly scheduled meeting in the Public Meeting Room. 10