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10-24-2007 Board Summary Board of Supervisors Kelly E. Miller Renny Bush Humphrey R. M. “Dickie” King, Jr. Donald D. Sowder Arthur S. Warren County Administrator James J.L. Stegmaier Summary of Actions Taken by the Board on October 24, 2007 3:00 P.M. SESSION COUNTY ADMINISTRATOR’S COMMENTS ? Dr. William Nelson, Director of the Health Department, briefed the Board regarding staph infections and discussed precautions being taken by county schools. WORK SESSION A work session was held regarding road impact fees. APPOINTMENTS Approved Appointment of Mr. Tim Brock to serve on the Youth Services Citizen Board. STREETLIGHT INSTALLATIONS Approved Streetlights in the Bermuda District as follows: in the Bellwood Addition subdivision, in the vicinity of 2512 Gettings Lane; and in the Timsberry Gardens subdivision, in the vicinity of 16008 Edgewood Drive. CONSENT ITEMS Approved State road acceptance of roads in Cypress Woods, Section 2; Southcreek, Section 9; Bendahl Valley, Section A; Cascade Creek; Kings Grove, Section 1; Kings Farm at Riverdowns, Section 5; and Queens Grant at Riverdowns, Section 4. 1 Adopted 2008 Legislative Program. th Adopted Resolution recognizing Family Lifeline on its 130 anniversary. Adopted Resolution recognizing November 2007, as “Family Health History Month.” Adopted Resolution recognizing Master Police Officer Michael A. Bickel upon his retirement. Approved Transfer of District Improvement Funds from the Midlothian District Improvement Fund to the Department of Environmental Engineering to control vegetation in Middle Lake and Finger lake, county-maintained storm water management ponds located in the Queenspark Subdivision. Approved Transfer of District Improvement Funds from the Midlothian District Improvement Fund to the Parks and Recreation Department to purchase and install landscaping on public property at Robious Elementary School. Approved Transfer of District Improvement Funds from the Midlothian District Improvement Fund to the Police Department to reimburse the Police Department for the costs of traffic control at the Midlothian Village Day Festival. Approved Request from David E. Young and Amanda H. Young for permission for a proposed fence to encroach within an 8-foot easement across Lot 43, Berkley Village, Section A at Charter Colony. Approved Request from Roland Price Beazley, III and Kristen Harrell Beazley for permission for a proposed fence to encroach within a 30-foot drainage and sewer easement and a 16-foot easement across Lot 46, Stewart Village, Section A at Charter Colony. Approved Request from Vu D. Hoang and Thanh-Tam T. Le for permission for a proposed fence to encroach within a 10-foot easement across Lot 82, Watermill, Phase l. Approved Request from LaSandra D. Jackson for permission for a proposed fence to encroach within a 16-foot drainage easement across Lot 10, Berkley Village, Section A at Charter Colony. Approved Request from Victor J. Poltrick and Dawn M. Poltrick for permission for an existing concrete pad and two 4-inch by 4-inch wooden posts to encroach within an 8-foot easement across Lot 15, Block C. Hilltop Farms, Section C. 2 Approved Request form Stephen R. Ruqus, Jr. and Terri Ruqus for permission for a proposed fence to encroach within an 8-foot easement across Lot 1, Tanner Village, Section C at Charter Colony. Approved Acceptance of a parcel of land along Commonwealth Centre Parkway from Commonwealth Centre Storage, LLC. Approved Request to quitclaim a portion of a 16-foot water easement across the property of The Salisbury Corporation. Approved Public hearing date of November 28, 2007 at 6:30 p.m. for the Board to consider an amendment to Section 19-5 of the County Code relating to penalties for violations of ordinances regarding the number of unrelated persons in single family dwellings. Approved Public hearing date of November 14, 2007 at 6:30 p.m. for the Board to solicit public comment on the recommendations contained in the Illegal Immigration Report and to articulate community concerns with respect to illegal immigration in the county. Approved Public hearing date of November 28, 2007 at 6:30 p.m. for the Board to consider amending the County Code by adding a new Article XVII to Chapter 9 of the Code relating to transportation impact fees to fund and recapture the cost of providing reasonable road improvements. ADDED BY UNANIMOUS CONSENT Approved Public hearing date of November 14, 2007 for the Board to consider the Foxcroft Landscaping Enhancement Project. 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 a Report on Comcast’s Petition for Relief from Local Rate Regulation. CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Judy Hamilton addressed the Board relative to two Board members abstaining from voting on the Branner Station zoning case and other issues concerning the case. 3 Mr. Mike Uzel presented the Board with a petition requesting that the Board’s vote on the Branner Station zoning case be nullified and requested a written opinion from the County Attorney regarding the conformance of the vote with the County Code. Ms. Barbara Story expressed concerns relative to citizens not being informed that their property could be taken for the road proposed with the Branner Station zoning case. Ms. Frances Wargofcak requested that the Board nullify the vote in the Branner Station zoning case or defer the case until January 2008. Mr. Dave Miranda expressed concerns relative to not being informed about the impact of the Board’s approval of the Branner Station zoning case and requested that the Board reconsider its decision on the case. CLOSED SESSION A closed session was held pursuant to Section 2.2-3711(A)31), Code of Virginia, 1950, as amended, to discuss the acquisition of real estate for an economic development purpose where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. 6:30 P.M. SESSION Dr. Roy Foots, Pastor of New Direction Ministries, gave the invocation. Mr. Kirk Turner led the Pledge of Allegiance to the flag of the United States of America. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONINGS 06SN0224 In Matoaca Magisterial District, request of Douglas R. Sowers and Susan U Approved with S. Sowers for rezoning from Agricultural (A) to Residential (R-12) of 146 proffered acres fronting on the east line of Lacy Farm Road, north of Ahern Road. conditions Tax IDs 695-695-3122, 695-697-8107 and 696-695-7571. 05SN0235 In Midlothian Magisterial District, request of Douglas R. Sowers for Approved with rezoning from Agricultural (A) to Residential (R-12) of 89.2 acres located proffered on the west line of County Line Road, north of Mt. Hermon Road. Tax conditions ID 702-700-5944. 4 06SN0256 In Dale Magisterial District, request of Henry E. Myers, Jr. (General Approved with Partner of Myers Family Partnership) for rezoning from Agricultural (A) one proffered to Corporate Office (O-2) of 6.9 acres located in the southeast quadrant of condition the intersection of Lori Road and Frith Lane. Tax ID 769-663-Part of 9114. 07SN0314 In Matoaca Magisterial District, request of Carrie E. Coyner, Trustee for Approved with rezoning from Agricultural (A) to Residential (R-12) plus Conditional one condition and Use Planned Development to permit exceptions to Ordinance proffered requirements on 27.6 acres fronting on the west line of Winterpock Road, conditions south of Bethia Road. Tax ID 721-662-1358. 07SN0333 In Midlothian Magisterial District, request of Chesterfield County Board Deferred until of Supervisors for rezoning from Residential (R-7), Neighborhood November 28, Business (C-2), Community Business (C-3), Regional Business (C-4) and 2007 General Business (C-5) to Regional Business (C-4) with Conditional Use to permit multifamily and townhouse uses plus Conditional Use Planned Development to permit exceptions to Ordinance requirements on 83 acres located in the southwest quadrant of Midlothian Turnpike and Chippenham Parkway, also north line of Cloverleaf Drive and the northern terminus of Starview Lane. Tax IDs 764-705-3864, 6668 and 8227; 764-706-3159-00001 and 00002 and 8861-00001 and 00002; 764- 707-6112-00001 and 00002; 765-704-2693; 765-705-4651, 5781, 7651 and 7962; 765-706-1010-00001 and 00002, 4170, 6964, 8068 and 8842; and 765-707-6600. 07SN0350 The Commission requests amendment to a Conditional Use Planned Approved with Development (Zoning Case 74S021) relating to open space in Brandermill one condition Community. Case 74S021 required 940 acres of open space; this amendment would reduce the total to 912.9 acres. Location: all properties located within the boundaries of the Brandermill community, excluding county-owned properties or commercial properties that do pay dues to the Brandermill Community Association for maintenance. 07SN0157 In Matoaca Magisterial District, request of Otterdale Venture, LLC for Deferred until rezoning from Agricultural (A) and General Business (C-5) to November 28, Community Business (C-3) of 107 acres with Conditional Use to permit 2007 multifamily residential use and an above-ground utility structure (water storage tank) and to Residential Townhouse (R-TH) of seventy-one (71) acres plus Conditional Use Planned Development to permit exceptions to Ordinance requirements on 178.0 acres located in the northwest quadrant of the intersection of Hull Street Road and Otterdale Road. Tax ID 710- 670-5596. 5 07SN0223 In Matoaca and Midlothian Magisterial Districts, request of GBS Holding, (Amended) Ltd. for rezoning from Agricultural (A) and Light Industrial (I-1) to Deferred until Community Business (C-3) of 211 acres with Conditional Use to permit November 28, multifamily and townhouse uses and rezoning from Agricultural (A) and 2007 Light Industrial (I-1) to Residential Townhouse (R-TH) of 1,183.9 acres plus Conditional Use Planned Development to permit exceptions to Ordinance requirements on the entire 1,394.9 acre tract located on the east and west lines of Old Hundred Road at the Norfolk Southern Railroad; the north line of Old Hundred Road east of Otterdale Road; and the east and west lines of Otterdale Road north of Old Hundred Road. Tax IDs 707- 700-7988; 708-702-1722; 709-701-7328; 710-700-7596; 710-703-3345; 711-699-3470; 711-700-1144; 711-701-5180; 712-699-7663; 713-703- 4194; 713-704-3412; 713-705-5709; 714-703-2188 & 7259; 714-704- 1729; 714-705-5728; 716-701-4130; 718-697-4548 & 6844; 718-699- 7719; 719-697-8012; 719-698-2822; 720-695-3288 & 9506; 720-698- 0178; 720-700-0007; 721-695-9061; 722-697-0512; 722-700-4002. 07SN0242 In Dale Magisterial District, request of Rowe Associates, Ltd. For (Amended) amendment of Conditional Use Planned Development (Case 84S059) Approved with relative to setback requirements on 7.0 acres located on the north line of one condition Cogbill Road, east of Ironstone Drive. Tax ID 774-682-1361. 07SN0362 In Clover Hill Magisterial District, request of Mt. Gilead Full Gospel Approved with International Ministries for Conditional Use to permit a computer- conditions and controlled, variable message, electronic sign on 4.1 acres located off the proffered north line of Hicks Road across from Lockhart Road. Tax ID 759-694- conditions Part of 3145. 07SN0365 In Clover Hill Magisterial District, request of Amberleigh LLC for Approved with rezoning from Residential Townhouse (R-TH) to Residential Townhouse proffered (RT-H) plus Conditional Use Planned Development to permit exceptions conditions to Ordinance requirements on 17.7 acres located on the north line of Hull Street Road at its intersection with Ladino Road. Tax IDs 751-687-3263, 6434 and 6883. 07SN0375 In Bermuda Magisterial District, request of Ironbridge Corner, L.C. for Approved with rezoning from Neighborhood Business (C-2) to Community Business (C- proffered 3) with Conditional Use to permit multifamily residential uses plus conditions Conditional Use Planned Development to permit light industrial uses and exceptions to Ordinance requirements on 23.0 acres located in the northeast quadrant of the intersection of Ironbridge Parkway and Iron Bridge Road. Tax ID 774-656-6361. 6 07SN0378 In Matoaca Magisterial District, request of Donald M. and Suzanne C. Approved with Rudd for rezoning from Agricultural (A) to Neighborhood Business (C-2) proffered of 2.8 acres plus proffered conditions on an existing zoned Community conditions Business (C-3) 1.2-acre tract (total of 4.0 acres) located in the northeast quadrant of the intersection of Beach and Winterpock Roads. Tax ID 721-656-4435. 07SN0379 In Matoaca Magisterial District, request of Windswept Dev., LLC and Approved with Westerleigh, LLC request rezoning and amendment of zoning district map proffered from Agricultural (A) to Residential (R-12) of 1.7 acres plus Conditional conditions Use to permit recreation facilities on this parcel and an adjacent 0.5-acre parcel zoned Residential (R-12) (total of 2.2 acres) lying at the western terminus of Broadmoore Road. Tax IDs 707-682-Part of 6721 and 708- 682-3558. 07SN0381 In Matoaca Magisterial District, request of Virginia Mazza for Approved with amendment to Conditional Use (Case 90SN0225) to permit the transfer of one proffered operating rights for a swimming pool contractor sales and storage condition business on 10.0 acres located off the east line of Little Road, north of Pickhurst Court. Tax ID 775-614-Part of 8471. 07SN0383 In Bermuda Magisterial District, request of Economic Development Approved with Authority of the County of Chesterfield for amendment of Conditional one condition Use Planned Development (Case 96SN0203) relative to building height and buffers on 1,235.0 acres fronting the east line of I-295, the north line of Bermuda Hundred Road and the west line of North Enon Church Road. Tax IDs 819-657-7858; 819-658-5187; 820-658-6860; 820-660-5779; 821-657-4246 and 9537; 821-658-1520, 5331, 5444, 7658 and 9684; 821- 659-0540 and 3755; 822-651-1677 and 8107; 822-656-4298; 822-658- 1306; 822-659-1607 and 3217; 823-654-1524; 823-655-8513; 823-656- 8564; 823-658-0538; 824-652-9603; 824-654-0075; 824-655-5551; 824- 658-6649; and 825-653-9567. 07SN0386 In Bermuda Magisterial District, request of Broad Street Partners Deferred until Commercial LLP for rezoning from Agricultural (A), Community November 28, Business (C-3), General Business (C-5) and Residential (R-7) to 2007 Community Business (C-3) with Conditional Use to permit multifamily uses plus Conditional Use Planned Development to permit light industrial uses and exceptions to Ordinance requirements on 190.8 acres fronting in two (2) places on the east line of Jefferson Davis Highway, north of Redwater Ridge Road, on the south line of Osborne Road and on the west line of I-95. Tax IDs 798-656-4174, 7198 and 8099; 798-657-0830, 3703 and 5657; 799-655-4194; 799-656-0212; 799-657-3802; 800-656-5991; 800-658-9359; and 799-658-Part of 6575. 08SN0104 In Dale Magisterial District, request of Oak Grove Baptist Church for 7 Approved with Conditional Use to permit a private school in a Residential (R-7) District conditions and on 5.3 acres located on the south line of Beulah Road, east of proffered Meadowburm Drive. Tax IDs 784-680-5166 and 7084. conditions 08SN0108 In Matoaca Magisterial District, request of Debonair Acres, LLC for Approved with rezoning from Agricultural (A) to Residential (R-88) of 23.9 acres located proffered on the south line of Graves Road, southwest of Hickory Road. Tax IDs conditions 767-619-5626 and 7931. , 08SN0111 In Bermuda Magisterial Districtrequest ofTwin Rivers LLC for rezoning Deferred until from General Industrial (I-2) to General Business (C-5) with Conditional November 28, Use to permit multifamily and townhouse uses plus Conditional Use 2007 Planned Development to permit exceptions to Ordinance requirements on 69.9 acres located in the southwest quadrant of Meadowville and North Enon Church Roads. Tax IDs 823-659-3856, 6573 and 9483; 823-660- 4049; and 824-659-2386, 5689 and 8890. 08SN0113 In Clover Hill Magisterial District, request of Jemi S. Hodge for rezoning Approved from Light Industrial (I-1) to General Business (C-5) of 1.4 acres known as 10910 Southlake Court. Tax ID 744-708-0657. 08SN0121 In Bermuda Magisterial District, request of CMA Properties Inc. for Approved with Conditional Use Planned Development to permit exceptions to Ordinance one condition requirements relative to signs on 5.2 acres located on the east line of Interstate 95, south of Ruffin Mill Road. Tax IDs 804-637-Part of 4161 and 804-638-3807. 08SN0129 In Bermuda Magisterial District, request of Colonial Heights Baptist Approved with Churchfor Conditional Use to permit a computer-controlled, variable proffered message, electronic sign on 4.4 acres known as 17201 Jefferson Davis conditions Highway. Tax ID 799-629-8735. 08SN0130 In Matoaca Magisterial District, request of Chesterfield County Board of Approved with Supervisors for Conditional Use to permit a computer-controlled, variable one condition message, electronic sign on 87.2 located on the north line of Cosby Road, west of Fox Club Parkway; also fronting in two (2) places on the west line of Fox Club Parkway, north of Cosby Road. Tax ID 714-672-8571. 08SN0131 In Matoaca Magisterial District, request of Chesterfield County Board of Deferred until Supervisors for Conditional Use to permit a computer-controlled, variable December 19, message, electronic sign on 137.2 acres located on the north and south 2007 lines of John Winston Jones Parkway, northeast of Woodpecker Road; also fronting in two (2) places on the northeast line of Woodpecker Road, southeast of John Winston Jones Parkway. Tax ID 783-626-4767. The meeting adjourned at 11:02 p.m. until November 14, 2007 at 3:00 p.m. for the next regularly scheduled meeting in the Public Meeting Room. 8