Chesterfield County, Virginia | Board of Supervisors

Supervisors in Attendance:

Mr. Arthur S. Warren, Chairman

Mr. Daniel A. Gecker, Vice Chrm.

Ms. Dorothy Jaeckle

Mr. James “Jim” Holland

Ms. Marleen K. Durfee

Mr. James J. L. Stegmaier
County Administrator

Supervior Absent:

Mr. Kelly E. Miller, Chairman

Staff in Attendance:

Ms. Janice Blakley, Clerk to the Board

Mr. Allan Carmody, Dir., Budget and Management

Ms. Marilyn Cole, Asst. County Administrator

Mr. Barry Condrey, Chief Information Officer

Mr. Roy Covington, Dir., Utilities

Mr. Michael Dance, Asst. Dir., Accounting

Mr. Jonathan Davis, Dir., Real Estate Assessments

Mr. Will Davis, Dir., Economic Development

Ms. Rebecca Dickson, Dep. County Administrator, Human Services

Colonel Thierry Dupuis, Police Department

Ms. Karla Gerner, Dir., Human Resource Mgmt.

Mr. Michael Golden, Dir., Parks and Recreation

Mr. John W. Harmon, Right-of-Way Manager

Mr. Russell Harris, Mgr. of Community Development Services

Mr. Thomas E. Jacobson, Dir., Revitalization

Mr. William E. Johnson, Deputy County Admin., Management Services

Mr. Donald Kappel, Dir., Public Affairs

Mr. Rob Key, Director, General Services

Chief Paul Mauger, Fire Department

Mr. R. John McCracken, Dir., Transportation

Mr. Richard M. McElfish, Dir., Env. Engineering

Mr. Steven L. Micas, County Attorney

Mr. Francis Pitaro, Acting Deputy County Admin., Management Services

Sarah Snead, Director, Social Services

Mr. M. D. Stith, Jr., Deputy County Admin., Community Development

Mr. Kirk Turner, Dir., Planning

Mr. Stegmaier stated the first order of business would be the election of Chairman. He then opened the floor for nominations.

Mr. Gecker made a motion, seconded by Ms. Jaeckle, for the Board to close the nominations.

The vote on election of Mr. Warren as Chairman of the Board of Supervisors for 2008 was as follows:

Mr. Warren made a motion, seconded by Ms. Durfee, for the Board to close the nominations.

The vote on election of Mr. Gecker as Vice Chairman of the Board of Supervisors for 2008 was as follows:

Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.

Mr. Gecker was elected as Vice Chairman.

1.B. ADOPTION OF PROCEDURES OF THE BOARD OF SUPERVISORS GOVERNING MEETINGS IN 2008

Mr. Gecker suggested making the following revisions: correct 2007 to 2008 in the first paragraph; add a new section “N” which would provide an additional 15-minute citizen comment period on unscheduled matters involving services, policies and affairs of the county government to follow presentation of resolutions at the beginning of the evening session; eliminate the requirement to use the timing light system; add in Paragraph 3, any person may speak at public meetings up to 3 minutes; add a provision that an applicant in a zoning case may give an opening presentation of the zoning case for up to 15 minutes, regardless of the number of speakers, and the applicant may give a rebuttal after all citizens have spoken for up to 5 minutes; add wording in Section 21, stating the Chairman may create and appoint members to the Budget and Audit Committee, School Board Liaison Committee, County Employee Benefits Committee and other committees as may be designated by the Chairman; and add wording in Section 22 regarding deferral of cases with changes between advertisement and hearing date to read deferral or remand of cases.

Ms. Durfee suggested making the following revisions: delete Section 6.e. relating to making insults which tend to violence or breach of peace; add a statement to run similar to the statement about no action on zoning cases if two or more Board members do not return, on transfer of funds.

Ms. Jaeckle and Mr. Holland also stated they are in support of adding the citizen comment period at the beginning of the evening session.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the Procedures of the Board of Supervisors Governing Meetings for 2008, as amended. (It is noted a copy of the 2008 Procedures of the Board of Supervisors, as amended, is filed with the papers of this Board.)

On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the revised regular meeting date schedule for 2008, as follows:

April 2, 2008 at 3:00 p.m.
April 9, 2008 at 3:00 p.m.
April 23, 2008 at 3:00 p.m.

December 17, 2008 at 3:00 p.m.
_____________________________________________________________

Special Budget Work Session – March 10, 2008 at 6:00 p.m. – Public Meeting Room

On motion of Mr. Gecker, seconded by Mr. Warren, the Board suspended their rules to allow simultaneous nomination/appointment of members to serve on various Committee/Boards.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed/reappointed the following members to serve on the Planning Commission, whose terms are effective January 1, 2008 and expire December 31, 2011:

Mr. Sam Hassen Bermuda
Mr. Russell Gulley Clover Hill
Mr. William Brown Dale
Mr. Wayne Bass Matoaca
Mr. Reuben Waller Midlothian

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed/reappointed the following members to serve on the Committee on the Future, whose terms are at the pleasure of the Board:

Name District

Mr. Gary Thomson Bermuda
Mr. Thomas Miller Bermuda
Ms. Dorothy Hudson Clover Hill
Ms. Liu-Jen Chu Clover Hill
Dr. James McClellan Matoaca
Mr. Edward DeGennero Matoaca
Ms. Wendy Austin Midlothian
Ms. Dianne Mallory Midlothian

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed/reappointed Ms. Dorothy Jaeckle, Mr. Arthur S. Warren, Mr. James Holland, Ms. Marleen Durfee, Mr. Dan Gecker, Mr. George Roarty (citizen representative), and Mr. M. D. Stith, Jr. (alternate) to serve on the Richmond Regional Planning District Commission, whose terms are effective January 1, 2008 and expire December 31, 2011.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed/reappointed Ms. Dorothy Jaeckle, Mr. Arthur S. Warren, Ms. Marleen Durfee, Mr. Jack McHale (citizen representative) and Mr. M. D. Stith, Jr. (alternate) to serve on the Crater Planning District Commission, whose terms are effective January 1, 2008 and expire December 31, 2011.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed/reappointed Mr. James Holland, Mr. Arthur S. Warren, Mr. Dan Gecker and Mr. John V. Mazza, Jr. (citizen representative) to serve on the Capital Region Airport Commission, whose terms are effective January 1, 2008 and expire December 31, 2011.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed Ms. Dorothy Jaeckle to serve on the Social Services Board, whose term is effective January 1, 2008 and expires December 31, 2011.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed/reappointed Mr. Jim Holland and Ms. Marilyn Cole (alternate) to serve on the Richmond Metropolitan Convention and Visitors Bureau, whose term is effective January 1, 2008 and expires December 31, 2008.

And, further, the Board simultaneously nominated/reappointed Mr. Neil Amin to serve on the Richmond Metropolitan Convention and Visitors Bureau, whose term is effective January 1, 2008 and expires December 31, 2010.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Ms. Ruth Roberts and Ms. Nancy Briggs to serve on the Community Services Board, whose terms are effective January 1, 2008 and expires December 31, 2010.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Ms. Marleen Durfee, Mr. Dan Gecker and Mr. Jim Holland to serve on the Richmond Area Metropolitan Transportation Planning Organization, whose term is at the pleasure of the Board.

And, further, the Board simultaneously nominated/appointed Mr. R. John McCracken, Mr. Jim Banks (alternate), Mr. Stan Newcomb (alternate), Ms. Barbara Smith (alternate), and Mr. Steve Simonson (alternate) to serve on the Richmond Area Metropolitan Transportation Planning Organization, whose terms are effective January 1, 2008 and expire December 31, 2011.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed Ms. Dorothy Jaeckle and Ms. Barbara Smith (alternate) to serve on the Tri-Cities Area Metropolitan Planning Organization, whose terms are effective January 1, 2008 and expires December 31, 2008.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed/reappointed Mr. Dan Gecker and Mr. Jay Stegmaier (alternate) to serve on the Greater Richmond Partnership, Incorporated, whose term is effective January 1, 2008 and expires December 31, 2011.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed/reappointed Mr. Jay Stegmaier and Mr. Roy Covington (alternate) to serve on the Appomattox River Water Authority, whose terms are effective January 1, 2008 and expires November 20, 2009.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Mr. Jay Stegmaier and Mr. Roy Covington (alternate) to serve on the South Central Regional Wastewater Authority, whose terms are effective January 1, 2008 and expires November 20, 2009.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed/reappointed the following members to serve on the Parks and Recreation Advisory Commission, whose terms are effective January 1, 2008 and expire December 31, 2011:

Mr. Barney McLaughlin Bermuda
Ms. Brenda White Bermuda
Mr. Jose Sanchez Clover Hill
Mr. Shayne McDavid Clover Hill
Mr. Ron Maxey Midlothian

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Dan Gecker to serve on the Maymont Foundation, whose term is effective January 1, 2008 and expires December 31, 2011.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed Ms. Marleen Durfee to serve on the Coalition of High Growth Communities, whose term is at the pleasure of the Board.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Jim Holland to serve on the Virginia’s Gateway Region Board, whose term is effective January 1, 2008 and expires September 30, 2008.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Jim Holland to serve on the Capital Region Taxicab Advisory Board, whose term is at the pleasure of the Board.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Dan Gecker to serve on the Workforce Development Oversight Board, whose term is at the pleasure of the Board.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed Ms. Marleen Durfee to serve on the Metropolitan Richmond Air Quality Committee, whose term is at the pleasure of the Board.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Ms. Karen Aylward to serve on the Capital Area Workforce Investment Board, whose term is at the pleasure of the Board.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Ms. Karen Aylward to serve on the Crater Workforce Investment Board, whose term is at the pleasure of the Board.

o CHESTERFIELD-COLONIAL HEIGHTS COMMUNITY POLICY AND MANAGEMENT TEAM FOR COMPREHENSIVE SERVICES

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Ms. Becky Dickson to serve on the Chesterfield-Colonial Heights Community Policy and Management Team for Comprehensive Services, whose term is at the pleasure of the Board.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Mr. Richard Cordle, Col. Thierry Dupuis, Ms. Mary Lou Lyle and Mr. Craig Bryant to serve on the Chesterfield County Supplemental Retirement Plan Board, whose terms are at the pleasure of the Board.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Mr. Richard Cordle, Ms. Mary Lou Lyle, Mr. James Harris and Mr. Samuel West to serve on the Appeals Panel Pursuant to Virginia Set Off Debt, whose terms are at the pleasure of the Board.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Ms. Barbara Smith to serve on the Ridefinders Board of Directors, whose term is at the pleasure of the Board.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Mr. Victor Branch (county citizen) to serve on the Personnel Appeals Board, whose term is January 1, 2008 to December 31, 2011.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Mr. Robert Dunn and Mr. Barry Mathews (alternate) to serve on the Central Virginia Waste Management Authority, whose terms are January 1, 2008 to December 31, 2011.

o CENTRAL VIRGINIA WASTE MANAGEMENT ADVISORY PLAN CITIZEN ADVISORY COMMITTEE

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Mr. William Johnson and Mr. Barry Mathews to serve on the Central Virginia Waste Management Advisory Plan Citizen Advisory Committee, whose terms are January 1, 2008 to December 31, 2011.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Ms. Carol Granger to serve on the Disability Services Board, whose term is January 1, 2008 to December 31, 2011.

On motion of Mr. Warren, seconded by Mr. Gecker, the Board approved the minutes of December 19, 2007, as submitted.

Mr. Stegmaier introduced the new Deputy County Administrator for Management Services, Mr. William E. Johnson.

Mr. Johnson expressed his pleasure at being selected to serve the county and indicated he looked forward to using his experience to further county goals.

Mr. Warren expressed appreciation to the Board members for their willingness to serve on the various committees.

5. REQUESTS TO POSTPONE ACTION, ADDITIONS,OR CHANGES IN THE ORDER OF PRESENTATION

On motion of Ms. Durfee, seconded by Mr. Gecker, the Board added Item 9.B.4., Creation of a Board of Supervisors’ Multi-Cultural Committee, and adopted the agenda, as amended.

O RECOGNIZING MR. JIM ALBERTSON FOR HIS LONG AND DISTINGUISHED SERVICE AS A TEACHER AND COACH

Mr. Kappel introduced Mr. Jim Albertson, who was present, along with members of his family, to receive the resolution.

WHEREAS, Mr. Jim Albertson is a teacher and coach at Clover Hill High School; and

WHEREAS, Mr. Albertson has been a teacher for 41 years, including positions in Pennsylvania and New Jersey prior to coming to Chesterfield County in 1983; and

WHEREAS, he has taught subjects as diverse as World History, Economics, Cultural Anthropology, American Government, Sociology, Practical Law, Service Learning, Introduction to the Civil War and United States History; and

WHEREAS, in addition to his classroom teaching, Mr. Albertson has coached wrestling, track, junior varsity football, boys’ tennis, golf, girls’ tennis, boys’ soccer and boys’ cross country; and

WHEREAS, as a coach, Mr. Albertson has distinguished himself and gained a reputation for coaching excellence; and

WHEREAS, among the athletic activity distinctions he has earned are three district wrestling championships; four district golf championships and six district tennis championships; and

WHEREAS, he also was named Dominion District Coach of the Year 12 times and Central Region Coach of the Year three times; and

WHEREAS, Coach Albertson will be inducted into the Clover Hill Athletic Hall of Fame on February 9, 2008; and

WHEREAS, Mr. Albertson’s record of accomplishments as a teacher, coach and mentor is truly noteworthy and indicative of an exceptional professional life of service and leadership; and

WHEREAS, Mr. Albertson will retire from Chesterfield County Public Schools in June of 2008.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 9th day of January 2008, on behalf of all Chesterfield County residents, offers sincere gratitude to Mr. Jim Albertson for his service to young people, congratulates him on his upcoming induction into the Clover Hill Athletic Hall of Fame, and extends best wishes for continued success and fulfillment.

Mr. Warren presented the executed resolution to Mr. Albertson, accompanied by members of his family, expressed appreciation for his dedicated service and congratulated him on his retirement.

Mr. Albertson expressed thanks for the opportunity to work in the Chesterfield County School System.

8.A. AWARD OF CONTRACT FOR MANAGEMENT CONSULTING SERVICES TO CONDUCT A MANAGEMENT STUDY FOR CHESTERFIELD COUNTY

Mr. Pitaro explained the previous Board members had initiated the request for a management study to be completed for the county and the request had been deferred.

Mr. Warren reiterated the need of the management study to help improve relationships with citizens.

In response to Ms. Durfee’s question, Mr. Gecker stated the scope of the management study might be revised through the Budget and Audit Committee.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board referred awarding the contract for Management Consulting Services to conduct a management study for Chesterfield County to the Budget and Audit Committee.

8.B. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(7) CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING A MATTER REQUIRING THE PROVISION OF LEGAL ADVICE RELATING TO A LAWSUIT AFFECTING THE ACQUISITION OF A LEASEHOLD INTEREST
IN CLOVERLEAF MALL

On motion of Mr. Gecker, seconded by Mr. Holland, the Board went into Closed Session, pursuant to Section 2.2-3711(A)(7), Code of Virginia, 1950, as amended, for consultation with legal counsel regarding a matter requiring the provision of legal advice relating to a lawsuit affecting the acquisition of a leasehold interest in Cloverleaf Mall.

On motion of Mr. Warren, seconded by Mr. Gecker, the Board adopted the following resolution:

WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and

WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law.

NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and

ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification.

The Board being polled, the vote was as follows:

Ms. Jaeckle: Aye.
Mr. Gecker: Aye.
Mr. Warren: Aye.
Ms. Durfee: Aye.
Mr. Holland: Aye.

Ms. Jaeckle stated that she would like to speak with the applicant requesting the streetlight installation regarding the petition portion of this request prior to considering it.

On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board deferred the streetlight installation request in the Forest Glenn Subdvision, in the vicinity of 1657 Forest Glenn Circle to February 13, 2008:

On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board removed the following items from the consent agenda for public comment: Item 9.B.1., Set Date for Public Hearing to Consider an Amendment to Parts of The Powhite/Route 288 Development Area Plan, Northern Area Plan, Midlothian Area Community Plan, and the Route 360 Corridor Plan Relating to the Northern Courthouse Road Community Plan; and Item 9.B.4., Creation of a Board of Supervisors’ Multi-Cultural Committee.

Ms. Jaeckle requested a meeting be set up with Environmental Engineering, the Virginia Department of Transportation and Chester Village Green residents to discuss the differences in standards relating to the new urbanism design.

In response to Ms. Jaeckle’s question, Mr. Stegmaier clarified the difference in the standards. He further stated staff would meet with the citizens in this case.

On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution:

WHEREAS, the street described below is shown on plats recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and

WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation.

NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department’s Subdivision Street Requirements.

AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage.

AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation.

Project: Chester Village Green Sec.4
Type Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia §33.1-229
Street Name and/or Route
• Village Garden Court, State Route Number 7198
From: Village Garden Dr., (Rt. 5913)
To: Cul-de-sac, a distance of: 0.08 miles.
Recordation Reference: Pb. 158 Pg. 20
Right of Way width (feet) = 50
And, further, the Board adopted the following resolution:

WHEREAS, the streets described below are shown on plats recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and

WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation.

NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department’s Subdivision Street Requirements.

AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage.

AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation.

Type Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia §33.1-229
Street Name and/or Route

• Brattice Mill Road, State Route Number 7260
From: Coalboro Rd., (Rt. 664)
To: Brattice Mill Ct., (Rt. 7261), a distance of: 0.32 miles.
Recordation Reference: Db. 6933, Pg. 338
Right of Way width (feet) = 50

• Brattice Mill Court, State Route Number 7261
From: Brattice Mill Rd., (Rt. 7260)
To: Cul-de-sac, a distance of: 0.21 miles.
Recordation Reference: Db. 6933, Pg. 338
Right of Way width (feet) = 50

• Brattice Mill Road, State Route Number 7260
From: Brattice Mill Ct., (Rt. 7261)
To: Brattice Mill Pl., (Rt. 7262), a distance of: 0.59 miles.
Recordation Reference: Db. 6933, Pg. 338
Right of Way width (feet) = 50

• Brattice Mill Place, State Route Number 7262
From: Brattice Mill Rd., (Rt. 7260)
To: Cul-de-sac, a distance of: 0.18 miles.
Recordation Reference: Db. 6933, Pg. 338
Right of Way width (feet) = 50

• Brattice Mill Road, State Route Number 7260
From: Brattice Mill Pl., (Rt. 7262)
To: Temp EOM, a distance of: 0.01 miles.
Recordation Reference: Db. 6933, Pg. 338
Right of Way width (feet) = 50

WHEREAS, the streets described below are shown on plats recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and

AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage.

AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation.

Type Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia §33.1-229
Street Name and/or Route

• Baileys Grove Drive, State Route Number 7250
From: Hampton Av., (Rt. 1315)
To: Baileys Grove Ct., (Rt. 7251), a distance of: 0.05 miles.
Recordation Reference: Pb. 165 Pg. 27
Right of Way width (feet) = 58

• Baileys Grove Court, State Route Number 7251
From: Baileys Grove Dr., (Rt. 7250)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Pb. 165 Pg. 27
Right of Way width (feet) = 40

• Baileys Grove Drive, State Route Number 7250
From: Baileys Grove Ct., (Rt. 7251)
To: Baileys Path Rd., (Rt. 7252), a distance of: 0.22 miles.
Recordation Reference: Pb. 165 Pg. 27
Right of Way width (feet) = 58

• Baileys Grove Drive, State Route Number 7250
From: Baileys Path Rd., (Rt. 7252)
To: Temp EOM, a distance of: 0.01 miles.
Recordation Reference: Pb. 165 Pg. 27
Right of Way width (feet) = 58

• Baileys Path Road, State Route Number 7252
From: Baileys Grove Dr., (Rt. 7250)
To: Baileys Ln., (Rt. 7253), a distance of: 0.11 miles.
Recordation Reference: Pb. 165 Pg. 27
Right of Way width (feet) = 40

• Baileys Lane, State Route Number 7253
From: Baileys Path Rd., (Rt. 7252)
To: Temp EOM, a distance of: 0.03 miles.
Recordation Reference: Pb. 165 Pg. 27
Right of Way width (feet) = 40

• Baileys Path Road, State Route Number 7252
From: Baileys Ln., (Rt. 7253)
To: Temp EOM, a distance of: 0.03 miles.
Recordation Reference: Pb. 165 Pg. 27
Right of Way width (feet) = 40

WHEREAS, the streets described below are shown on plats recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and

AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage.

AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation.

Type Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia §33.1-229
Street Name and/or Route

• Village Creek Drive, State Route Number 5912
From: 0.07 miles E of Chester Village Dr., (Rt. 5917)
To: Village Garden Dr., (Rt. 5913), a distance of: 0.06 miles.
Recordation Reference: Pb. 158 Pg. 18
Right of Way width (feet) = 46

• Village Park Avenue, State Route Number 7193
From: Village Creek Dr., (Rt. 5912)
To: Village Garden Dr., (Rt. 5913), a distance of: 0.08 miles.
Recordation Reference: Pb. 158 Pg. 18
Right of Way width (feet) = 50

• Village Park Avenue, State Route Number 7193
From: Village Garden Dr., (Rt. 5913)
To: 0.02 miles N of Village Garden Dr., (Rt. 5913), a distance of: 0.02 miles.
Recordation Reference: Pb. 158 Pg. 18
Right of Way width (feet) = 50

• Village Park Avenue, State Route Number 7193
From: 0.02 miles N of Village Garden Dr., (Rt. 5913)
To: Chester Village Dr., (Rt. 5917), a distance of: 0.03 miles.
Recordation Reference: Pb. 158 Pg. 18
Right of Way width (feet) = 50

• Village Garden Drive, State Route Number 5913
From: Village Park Av., (Rt. 7193)
To: 0.09 miles E of Village Park Av., (Rt. 7193), a distance of: 0.09 miles.
Recordation Reference: Pb. 158 Pg. 18
Right of Way width (feet) = 50

• Village Garden Drive, State Route Number 5913
From: 0.09 miles E of Village Park Av., (Rt. 7193)
To: Village Creek Dr., (Rt. 5912), a distance of: 0.04 miles.
Recordation Reference: Pb. 158 Pg. 18
Right of Way width (feet) = 50

9.B.1. SET DATE FOR PUBLIC HEARING TO CONSIDER AN AMENDMENT TO PARTS OF THE POWHITE/ROUTE 288 DEVELOPMENT AREA PLAN, NORTHERN AREA PLAN, MIDLOTHIAN AREA COMMUNITY PLAN, AND THE ROUTE 360 CORRIDOR PLAN RELATING TO THE NORTHERN COURTHOUSE ROAD COMMUNITY PLAN

Mr. George Beadles, a Clover Hill resident, requested the Board not take action on this Plan. He suggested there is a need for a countywide Comprehensive Plan prior to action being taken on this Plan.

On motion of Mr. Warren, seconded by Mr. Gecker, the Board set the date of February 13, 2008 at 6:30 p.m. for a public hearing for the Board to consider an amendment to parts of The Powhite/Route 288 Development Area Plan, Northern Area Plan, Midlothian Area Community Plan, and the Route 360 Corridor Plan Relating to the Northern Courthouse Road Community Plan.

9.B.4. CREATION OF THE BOARD OF SUPERVISORS’ MULTICULTURAL ADVISORY COMMISSION

Mr. Beadles stated the Commission should have more than five members to help encompass a wide array of people.

Mr. Gecker expressed concerns relative to adding items such as this to the agenda without the citizens having time to review the information.

On motion of Mr. Warren, seconded by Mr. Gecker, the Board deferred the creation of the Multi-Cultural Advisory Commission until January 23, 2008.

9.B.3. RECONSIDERATION OF LAND USE AND WATER QUALITY ISSUES RELATING TO THE RECENTLY ADOPTED UPPER SWIFT CREEK PLAN AMENDMENT

Mr. Gecker expressed concerns regarding sending the Upper Swift Creek Plan back to the Planning Commission without some specific direction and guidance on the environmental issues and which method would be best for achieving a document that is workable for the long term in the geography. He stated he would like to defer the request for thirty days to allow time to sit down with Environmental Engineering and come up with a direction as to how to fix the environmental overlay of the Plan. He suggested adding level of service standards for transportation and schools.

Ms. Durfee expressed concerns regarding the lack of differences between the old Plan and the current Plan adopted last year. She stressed the need to bring forward a workable Plan quickly. She explained the need to give the citizens the assurances in the Plan.

In response to Ms. Durfee’s question, Mr. McCracken explained the Transportation Department could provide information to the Board regarding safety of roads and levels of service in the Plan geography in three to six months.

Ms. Jaeckle expressed the need for landowners to be included in any discussions or revisions regarding the Plan.

On motion of Ms. Durfee, seconded by Mr. Holland, the Board directed the Planning Commission to revisit the Upper Swift Creek Plan and to bring forward in a timely fashion for review and consideration to amendments related to water quality, levels of service (roads, schools and public safety), land use, economic development for the purpose of direction to the Planning Commission and the Board on proposals in the interim before the adoption of the new countywide Comprehensive Plan.

In response to Mr. Warren’s question, Mr. Stegmaier stated staff will work with the Board to address some of the concerns of Mr. Gecker to expedite the Plan.

10.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES

On motion of Mr. Warren, seconded by Ms. Durfee, the Board approved the following reports: a Report on Status of 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.

And, further, the following roads were accepted into the State Secondary System:

Fox Club Parkway (Route 5201) – From 0.29 mile
north of Cosby Road (Route 690) to 0.09 mile
south of Village Square Parkway (Route 3867) 0.09 Mi.

Fox Club Parkway (Route 5201) – From Hull Street
Road (Route 360) to Cosby Road (Route 690) 0.04 Mi.

Fox Club Parkway (Route 5201) – From Village
Square Parkway (Route 3867) to 0.16 mile
north of Village Square Parkway (Route 3867) 0.16 Mi.

Fox Club Parkway (Route 5201) – From 0.16 mile
north of Village Square Parkway (Route 3867)
to 0.01 mile south of Fox Branch Lane (Route 5223) 0.16 Mi.

Fox Club Parkway (Route 5201) – From 0.08 mile
north of Cosby Road (Route 690) to 0.12 mile
north of Cosby Road (Route 690) 0.04 Mi.

Fox Club Parkway (Route 5201) – From 0.12 mile
north of Cosby Road (Route 690) to 0.29 mile
north of Cosby Road (Route 690) 0.17 Mi.

Fox Club Parkway (Route 5201) – From Cosby
Road (Route 690) to 0.08 mile north of
Cosby Road (Route 690) 0.08 Mi.

Village Square Parkway (Route 3867) – From
0.11 mile west of Fox Club Parkway
(Route 5201) to cul-de-sac 0.35 Mi.

Village Square Parkway (Route 3867) – From 0.09
mile east of Fox Club Parkway (Route 5201) to
0.11 mile west of Manor Gate Drive (Route 3865) 0.27 Mi.

Village Square Parkway (Route 3867) – From
Fox Club Parkway (Route 5201) to 0.11 mile
west of Fox Club Parkway (Route 5201) 0.11 Mi.

Village Square Parkway (Route 3867) – From
Fox Club Parkway (Route 5201) to 0.09 mile
east of Fox Club Parkway (Route 5201) 0.09 Mi.

Mr. Howard Meyers, a 10-year Woodlake resident, encouraged the Board to look into sponsoring a Cultural Arts Center to be located in Chesterfield County.

Ms. Andrea Epps, Vice President of Brandermill Community Association, addressed the Board on the passing of Mr. Ryland Reamy, President of Brandermill Community Association. She thanked Mr. Buddy Whitfield for helping out in this time of change.

Mr. George Beadles addressed the Board relative to the need for a revision to the policy on the transfer of District Improvement Funds.

On motion of Mr. Gecker, seconded by Ms. Durfee, the Board recessed to the Administration Building, Room 502, for dinner.

Eagle Scout Steven Wistrom led the Pledge of Allegiance to the flag of the United States of America.

Mr. Kappel introduced Mr. David LaBrecque, Mr. Philip Gaspar, II, Mr. Steven Wistrom, Mr. Byron Tibbetts and Mr. Robert Williams who were present to receive resolutions.

WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and

WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and

WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law

Mr. Philip Charles Gaspar, II, Troop 806, sponsored by Woodlake United Methodist Church, and Mr. David Allan LaBrecque, Troop 2877, sponsored by Chester Presbyterian Church, Mr. Steven Alan Wistrom, Mr. Robert Louis Williams and Mr. Byron Wright Tibbetts, all of Troop 2874, sponsored by St. Luke’s United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and

WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for roles as leaders in society, Phillip, David, Steven, Robert and Byron have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 9th day of January 2008, hereby extends its congratulations to Mr. Philip Charles Gaspar, II, Mr. David Allan LaBrecque, Mr. Steven Alan Wistrom, Mr. Robert Louis Williams and Mr. Byron Wright Tibbetts, and acknowledges the good fortune of the county to have such outstanding young men as its citizens.

Mr. Warren, Ms. Durfee and Mr. Holland presented executed resolutions and patches to each of the Eagle Scouts, congratulated them on their outstanding achievements, and wished them well in future endeavors.

Mr. Gaspar, Mr. Wistrom, Mr. Williams and Mr. Tibbetts each provided details of their Eagle Scout projects and expressed appreciation to their parents and community for their support.

16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18

In Matoaca Magisterial District, PRISTINE DEVELOPMENT LLC requests rezoning and amendment of zoning district map from Agricultural (A) and Residential (R-9) to Residential (R-12) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.01-2.5 units per acre. This request lies on 71.5 acres lying approximately 2,070 feet off the south line of Woodpecker Road measured at its intersection with Lakeview Road. Tax IDs 789-619-4223 and 790-618-0133.

Mr. Turner stated the applicant has withdrawn Case 08SN0107 from consideration by the Board.

On motion of Ms. Durfee, seconded by Mr. Gecker, the Board acknowledged the withdrawal of Case 08SN0107.

In Matoaca Magisterial District, OTTERDALE VENTURE, LLC requests rezoning and amendment of zoning district map from Agricultural (A) and General Business (C-5) to Community Business (C-3) of 107 acres with Conditional Use to permit 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. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use and residential use of 2.0 units per acre or less. This request lies on 178.0 acres fronting approximately 1,500 feet on the north line of Hull Street Road, also fronting in two (2) places for a total of approximately 3,500 feet on the west line of Otterdale Road and located in the northwest quadrant of the intersection of these roads. Tax ID 710-670-5596.

Mr. Turner stated staff is requesting that the Board remand Case 07SN0157 to the Planning Commission.

Mr. Jim Theobald, representative of Otterdale Venture, LLC, stated he is in agreement with remanding the case to the Planning Commission.

Ms. Durfee stated there were some issues that needed to be resolved with Transportation.

On motion of Ms. Durfee, seconded by Mr. Gecker, the Board remanded Case 07SN0157 to the Planning Commission.

In Matoaca and Midlothian Magisterial Districts, GBS HOLDING, LTD. requests rezoning and amendment of zoning district map from Agricultural (A) and Light Industrial (I-1) to Community Business (C-3) of 211 acres with Conditional Use to permit multifamily and townhouse uses and rezoning from Agricultural (A) and 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. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional employment center use, office/residential mixed use and residential use of 2.0 units per acre or less. This request lies on 1,394.9 acres fronting 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.

Mr. Turner stated staff is requesting that the Board remand Case 07SN0223 to the Planning Commission.

Mr. Dave Anderson, the applicant’s representative, gave a brief overview of the history of the case.

Ms. Christie Lucas, a resident of Charter Colony, supported remanding the case to the Planning Commission, to allow time to continue working with the developer.

Mr. Steven Marshall, a Charter Colony resident, supported remanding the case to the Planning Commission, to allow time to continue working with the developer.

Ms. Durfee expressed appreciation to Mr. Dave Anderson and Mr. Casey Sowers for working with the communities to resolve concerns.

On motion of Ms. Durfee, seconded by Mr. Gecker, the Board remanded Case 07SN0223 to the Planning Commission.

In Matoaca Magisterial District, GBS HOLDING LTD requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-15) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. Residential use of up to 2.90 units per acre is permitted in a Residential (R-15) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for single family residential use of 2.0 units per acre or less. This request lies on 38.8 acres fronting approximately 290 feet on the west line of Old Hundred Road approximately 2,900 feet northwest of Otterdale Road. Tax ID 714-698-Part of 3178.

Mr. Turner stated Ms. Durfee has requested that Case 07SN0206 be remanded to the Planning Commission.

Mr. Casey Sowers, representing the applicant, gave a brief overview of Case 07SN0206.

In response to Ms. Durfee’s question, Mr. Turner stated the two issues of concern deal with the density of the proposed project which will have sole access through an adjoining lower density community and deals with direct access to Old Hundred Road.

In response to Ms. Durfee’s question, Mr. McCracken explained staff is currently working with the applicant to craft language to resolve the issues with access to Old Hundred Road.

On motion of Ms. Durfee, seconded by Mr. Gecker, the Board remanded Case 07SN0206 to the Planning Commission.

In Matoaca Magisterial District, ROBERT C. SOWERS AND DOUGLAS AND SUSAN SOWERS request rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for conservation: passive recreation and single family residential use of 2.0 units per acre or less. This request lies on 26.2 acres fronting approximately 1,030 feet on the west line of Otterdale Road approximately 3,380 feet north of Genito Road. Tax IDs 713-691-1673 and 8928; and 714-690-1660.

Mr. Turner stated Ms. Durfee has requested that Case 07SN0361 be remanded to the Planning Commission.

Ms. Carrie Coyner, the applicant’s representative, stated she is in agreement with remanding the case to the Planning Commission.

On motion of Ms. Durfee, seconded by Mr. Gecker, the Board remanded Case 07SN0361 to the Planning Commission.

In Midlothian Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS requests rezoning and amendment of zoning district map from Residential (R-7), Neighborhood Business (C-2), Community Business (C-3), Regional Business (C-4) and 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. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This request lies on 83 acres located in the southwest quadrant of Midlothian Turnpike and Chippenham Parkway, also fronting on the 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.

Mr. Turner stated staff has requested that Case 07SN0333 be deferred to February 27, 2008.

Mr. Jacobson, the agent for the Board, stated the recommendation was acceptable.

On motion of Mr. Gecker, seconded by Ms. Durfee, the Board deferred Case 07SN0333 to February 27, 2008.

In Bermuda Magisterial District, BROAD STREET PARTNERS COMMERCIAL LLP requests rezoning and amendment of zoning district map from Agricultural (A), Community Business (C-3), General Business (C-5) and Residential (R-7) to 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. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial and residential use of 7.01 to 10.0 units per acre and under certain circumstances more intense uses such as high density residential, commercial and industrial uses. This request lies on 190.8 acres fronting approximately 1,340 feet in two (2) places on the east line of Jefferson Davis Highway north of Redwater Ridge Road approximately 1,000 feet on the south line of Osborne Road and approximately 1,820 feet 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.

Mr. Turner stated staff is requesting that the Board defer Case 07SN0386 until January 23, 2008, indicating that the case was double advertised, and the Planning Commission would hear the case on January 15, 2008.

Mr. John Cogbill, the applicant’s representative, stated the deferral was acceptable.

On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board deferred Case 07SN0386 to January 23, 2008.

In Clover Hill Magisterial District, THE CHEATHAM FAMILY LIMITED PARTNERSHIP requests rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3) with Conditional Use to permit multifamily and townhouse uses plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use uses. This request lies on 63.5 acres fronting approximately 550 feet on the north line of Hull Street Road, also fronting approximately 2,400 feet on the west line of Route 288 and located in the northwest quadrant of the intersection of these roads. Tax IDs 733-680-Part of 9439; 734-678-2276; and 734-681-0526 and 3904.

Mr. Turner stated Mr. Warren has requested that Case 05SN0239 be deferred to March 12, 2008.

Mr. Andy Scherzer, the applicant’s representative, stated the deferral was acceptable.

Ms. Andrea Epps, representative of the Brandermill Community Association, stated they supported the deferral in order to allow more discussions with the applicant.

On motion of Mr. Warren, seconded by Ms. Durfee, the Board deferred Case 05SN0239 to March 12, 2008.

In Midlothian Magisterial District, NEW CINGULAR WIRELESS PCS, LLC requests Conditional Use and amendment of zoning district map to permit a communications tower in a Residential (R-40) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of one (1) dwelling per acre or less. This request lies on 9.7 acres fronting approximately twenty-two (22) feet on the west line of James River Road approximately 780 feet south of Riverton Ridge Drive. Tax ID 728-725-Part of 6105.

Mr. Turner presented a summary of Case 07SN0354 and stated the Planning Commission and staff recommended approval subject to the conditions and acceptance of the proffered conditions.

Mr. Breenen Keene, the applicant’s representative, stated the recommendation was acceptable.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved Case 07SN0354 subject to the following conditions:

a. The tower shall be gray or another neutral color, acceptable to the Planning Department.

2. Any building or mechanical equipment shall comply with Sections 19-595 and 19-570 (b) and (c) of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P)

(NOTE: Section 19-570 (b) and (c) would require the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment.)

4. At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P)

New Cingular Wireless PCS, LLC, the applicant in this case (the “Applicant”), pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffer that the development of the property known as Chesterfield County Tax Identification Number 728-725-Part of 6105 (the “Property”) under consideration will be developed according to the following conditions if, and only if, the request for a conditional use is granted. In the event the request is denied or approved with conditions not agreed to by the Applicant, the proffers and conditions shall immediately be null and void and of no further force or effect. If the conditional use is granted, these proffers and conditions will supersede all proffers and conditions now existing on the Property.

In addition to conditions 2-5 contained in the Planning Department’s Staff Report for this request, the Applicant offers the following proffers and conditions:

1. Co-location. Except as provided below, any communication tower shall be co-located on a lighting structure for the athletic field as depicted on “Exhibit A”. Notwithstanding the foregoing or anything else to the contrary, the Applicant shall have the option to operate a temporary telecommunications facility (e.g. a “C.O.W.” or “cell on wheels”) on the Property provided that (i) such operation commences no earlier than December 20, 2007 and no later than December 31, 2007, (ii) such temporary facility ceases operations and is removed from the Property on or before March 31, 2008 or upon the completion of all work to collocate antennas on the lighting structure, whichever occurs first, (iii) such temporary facility does not use a back-up electricity generator as its primary source of electricity, and (iv) such temporary facility is enclosed in a security fence at least six (6) feet in height with three strands of barbed wire at the top of such fence. (P)

2. Architectural Treatment of Ground-Based Equipment Shelter. The permanent ground-based equipment shelter (the “Shelter”) exterior shall be covered with a brick veneer siding that incorporates a color that is generally consistent with the color of the block material of the existing athletic field house located on the Property. The roof of the Shelter shall be constructed with an “A” frame pitched roof and shingled with shingles that match in color and design of the shingles on the existing athletic field house on the Property. (P)

(NOTE: This Proffer 2 is in addition to and supplements Condition 3 contained in the Staff Report)

3. Access Road. The access road from the existing parking lot to the communications tower shall be paved with asphalt or any other hard-surface material (other than gravel) acceptable to the Planning Department. (P)

4. Utilities. All cabling from the Shelter to the communications tower shall be buried below grade. Any cabling connecting to the equipment in the Shelter shall be installed through the floor of the Shelter structure. (P)

In Bermuda Magisterial District, JOHNNIE MUNCY requests Conditional Use and amendment of zoning district map to permit a dwelling unit separated from the principal dwelling unit in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1-5 acre lots, suited to R-88 zoning. This request lies on 1.1 acres and is known as 13200 Lewis Road. Tax ID 776-645-3571.

Mr. Turner presented a summary of Case 08SN0118 and stated the Planning Commission and staff recommended approval subject to the conditions.

On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Case 08SN0118 and accepted the following conditions:

1. Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic servants. (P)

2. For the purpose of providing record notice, prior to the issuance of a building permit to convert the existing garage structure into a dwelling unit, a deed restriction shall be recorded setting forth the limitation in Condition 1 above. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P)

In Matoaca Magisterial District, ELEVEN OAKS, LLC requests Conditional Use and amendment of zoning district map to permit horse boarding, riding and training lessons and shows associated with a stock farm in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for rural conservation area use. This request lies on 56.4 acres fronting approximately 10 feet on the south line of River Road approximately 2,320 feet east of Black Road. Tax ID 711-642-0774.

Mr. Turner presented a summary of Case 08SN0126 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions.

Ms. Carrie Coyner, the applicant’s representative, stated the recommendation was acceptable.

On motion of Ms. Durfee, seconded by Mr. Gecker, the Board approved Case 08SN0126 and accepted the following proffered conditions:

1. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved erosion control devices have been installed. (EE)

2. Direct vehicular access from the property to River Road shall be limited to one (1) entrance/exit. (T)

3. Prior to any site plan approval or within ninety (90) days of a written request by the Transportation Department, whichever occurs first, forty-five (45) feet of right of way adjacent to the property, measured from the centerline of River Road, shall be dedicated free and unrestricted for the benefit of Chesterfield County. (T)

4. Horse boarding facilities and customary accessory uses such as, but not limited to, riding lessons, grooming services, training, pasture and barn areas, horse shows, shall be permitted. (P)

6. All facilities and areas associated with the keeping of horses, except for pasture areas, shall be setback a minimum of fifty (50) feet from any property line and from any existing or proposed public roads. (P)

7. All facilities and areas associated with the keeping of horse (stables, pastures, etc.) shall be cleaned and made free of waste on a regular basis. In addition, means of eliminating any odor problems and propagation of insects shall be employed.

In Clover Hill Magisterial District, COLONY CROSSING LLC requests amendment to Conditional Use Planned Development (Case 86S117) and amendment of zoning district map to permit a veterinary hospital. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use uses. This request lies in a Neighborhood Business (C-2) District on 5.7 acres fronting approximately 720 feet on the west line of Charter Colony Parkway approximately 700 feet south of Old Hundred Road. Tax ID 728-691-0334.

Mr. Turner presented a summary of Case 08SN0139 and stated the Planning Commission and staff recommended approval subject to the condition.

Mr. Gary Gallagher, the applicant’s representative, stated the recommendation was acceptable.

On motion of Mr. Warren, seconded by Mr. Gecker, the Board approved Case 08SN0139 subject to the following condition:

In addition to those uses permitted by Case 86SN117 within the Medium Density Office/Commercial Retail (MDO/CR) Tract, veterinary hospitals exclusive of outside runs shall be permitted. (P)

(NOTE: This condition is in addition to the Textual Statement, Item VI.E.4, of Case 86S117 relative to permitted uses in the MDO/CR Tract for the subject property.)

In Bermuda Magisterial District, ROGER H. HABECK requests rezoning and amendment of zoning district map from Community Business (C-3) to General Business (C-5). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. This request lies on 8.0 acres lying approximately 130 feet off the west line of Jefferson Davis Highway, measured from a point approximately 650 feet north of Chippenham Parkway. Tax IDs 789-687-7442 and 8665.

Mr. Turner presented a summary of Case 08SN0140 and stated the Planning Commission and staff recommended approval.

On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board approved case 08SN0140.

In Matoaca Magisterial District, CENTEX HOMES requests Conditional Use and amendment of zoning district map to permit private recreational facilities on 2.9 acres of a 210.2 acre tract. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for conservation/recreation and residential use of 2.0 units per acre or less. This request lies in a Residential (R-9) District and located in the northeast quadrant of the intersection of Genito and Otterdale Roads. Tax IDs 714-687-3037; 715-686-2343 and 9794; and 716-686-4016.

Mr. Turner presented a summary of Case 08SN0142 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions.

Ms. Penny Koch, the applicant’s representative, stated the recommendation was acceptable.

Ms. June Johnson Adams, an adjacent property owner, expressed concerns relative to the location of the pool on the property. She further stated she is concerned about area roads and construction traffic.

In response to Ms. Durfee’s questions, Ms. Koch stated the pool is proposed to be located centrally on the property. She further stated trees, open space, and residential homes located with the subdivision would surround the pool.

On motion of Ms. Durfee, seconded by Mr. Gecker, the Board approved Case 08SN0142 and accepted the following proffered conditions:

The applicant and owners in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffers that the development of the property known as Chesterfield County Tax Identification Numbers 714-687-3037, 715-686-2343, 715-686-9794 and 716-686-4016 (the “Property”) under consideration will be developed according to the following conditions if, and only if, the rezoning request for Conditional Use is granted. In the event the request is denied or approved with conditions not agreed to by the applicant and owners, the proffers and conditions shall be immediately be null and void and no further force or effect.

1. Public Address. There shall be no outside public address systems or speakers. (P)

2. Setback for Active Recreational Areas. With the exception of playground areas which accommodate swings, jungle gyms, or similar such facilities, all outdoor play fields, courts, swimming pools and similar active recreational areas shall be located a minimum of seventy-five (75) feet from any proposed or existing single family residential lot line and a minimum of fifty (50) feet from any existing or proposed public road. Nothing herein shall prevent development of indoor facilities and/or parking within the seventy-five (75) foot setback. (P)

3. Buffer. Within the seventy-five (75) and fifty (50) foot setbacks, a fifty (50) foot buffer shall be provided along the perimeter of all active recreational facilities except where adjacent to any existing or proposed roads. This buffer shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. (P)

4. Setback for Playground Equipment. Any playground equipment (i.e., areas accommodating swings, jungle gyms or similar such facilities) shall be located a minimum of forty (40) feet from all property lines. A forty (40) foot buffer shall be provided along the perimeter of these recreational facilities except where adjacent to any existing or proposed roads. This buffer shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. (P)

5. Identification on Record Plat. In conjunction with the recordation of any lot adjacent to active recreational area(s), such area(s) shall be identified on the record plat along with the proposed recreational uses and required conditions. (P)

In Clover Hill Magisterial District, MT. GILEAD FULL GOSPEL INTERNATIONAL MINISTRIES requests Conditional Use and amendment of zoning district map to permit a computer-controlled, variable message, electronic sign. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use uses. This request lies in an Agricultural (A) District on 4.1 acres lying approximately 970 feet off the north line of Hicks Road across from Lockhart Road. Tax ID 759-694-Part of 3145.

Mr. Clay presented a summary of Case 07SN0362 and stated the Planning Commission and staff recommended denial.

Minister Gerard Smith, general counsel for the applicant, gave a brief overview of the request.

Mr. Warren stated he had met with the 360 Corridor Committee and was not made aware of any issues the Committee has with the request.

On motion of Mr. Warren, seconded by Mr. Holland, the Board approved Case 07SN0362 and accepted the following proffered conditions:

1. Any freestanding sign incorporating a computer-controlled variable-message electronic sign shall be located as depicted on the plan identified as “Exhibit A” and shall not exceed a height of six (6) feet. (P)

2. Any computer-controlled variable-message electronic sign shall be subject to the following standards:

a. Copy shall be limited to a maximum of four (4) lines which shall not move, but may fade;

b. The message or display shall be programmed or sequenced to change no more than once every ten (10) seconds;

f. Except for nationally recognized holidays, such sign shall not be operational nor shall the electronic sign face component be lighted between the hours of 11:00 PM and 6:00 AM. (P)

In Bermuda Magisterial District, TWIN RIVERS LLC requests rezoning and amendment of zoning district map from General Industrial (I-2) to General Business (C-5) with Conditional Use to permit multifamily uses plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies 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.

Ms. Peterson presented a summary of Case 08SN0111 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions.

Ms. Carrie Coyner, the applicant’s representative, thanked Economic Development for their assistance with the request. She stated the Urban Land Institute performed a study on the Meadowville Technology Park. She further stated the request is in line with the Urban Land Institute’s recommendations for the area. She stated the proposed development will provide commercial retail for the Technology Park’s employees to utilize.

In response to Ms. Jaeckle’s question, Ms. Coyner explained that some residential property would be built throughout the project.

On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Case 08SN0111 and accepted of the following proffered conditions:

The Owner-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the development of the property known as Chesterfield County Tax IDs 823-659-3856, 6573, 9483, 824-659-2386, 5689, 8890, and 823-660-4049 from I-2 with CUPD to C-5 with a Conditional Use to permit RMF and a CUPD to permit bulk exceptions, and subject to the conditions and provisions of the Textual Statement will be developed as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Applicant, these proffers and conditions shall be immediately null and void and of no further force or effect.

1. Master Plan. The textual statement last revised November 19, 2007 shall be considered the Master Plan along with two Conceptual Plans entitled “Master Plan, Meadowville Town Center” dated September 13, 2007, and “Master Plan, Meadowville Town Center – Alternate” dated September 20, 2007, both prepared by TimmonsKelly Architects. If existing Meadowville Road along the west side of the Property is eliminated, the Property shall be developed as generally depicted on the attached Master Plan entitled “Master Plan, Meadowville Town Center – Alternate” dated September 20, 2007, prepared by TimmonsKelly Architects, and as provided in the Textual Statement and as set forth herein below unless the Applicant and the Economic Development Authority of the County of Chesterfield mutually agree on an alternative location for New Meadowville Road. The two plans shall hereinafter be referred to collectively as the Master Plan. (P)

A. For any development that drains to Johnsons Creek, stormwater runoff shall be retained based upon the two (2) year, ten (10) year and 100 year post development condition and released based upon the two (2) year, ten (10) year, and 100 year pre-development condition, respectively. Stormwater runoff that is directed to the North toward the Meadowville Landing Subdivision shall be discharged to an adequate outfall of sufficient size and capacity to handle the post development discharge.

B. The developer shall follow the approved drainage breaks for the parcels as shown on a plan titled “Meadowville Stormwater Management BMP-MP Post Developed Hydraulic Analysis,” prepared by Timmons Group, dated May 23, 2007, revised August 9, 2007. (EE)

A. Dedications. The following rights-of-way shall be dedicated, free and unrestricted, to Chesterfield County prior to any site plan approval, in conjunction with recordation of the initial subdivision plat or within sixty (60) days from the date of a written request by the Transportation Department, whichever occurs first:

i. Thirty-five (35) feet of right-of-way, on the west side of North Enon Church Road measured from the centerline of that part of North Enon Church Road immediately adjacent to the Property.

ii. Thirty-five (35) feet of right-of-way on the south side of Meadowville Road measured from the centerline of that part of Meadowville Road immediately adjacent to the Property from North Enon Church Road to the Meadowville Road/Deepwater Cove Drive intersection.

B. Road Improvements. In conjunction with the initial development, the developer shall provide the following improvements. The exact design of these improvements shall be approved by the Transportation Department.

i. Widening/improving on the south side of Meadowville Road from the Meadowville Road/Deepwater Cove Drive intersection to North Enon Church Road to provide an eleven (11) foot wide travel lane, measured from the centerline of the road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlaying the full width of the road with one and one half (1.5) inches of compacted bituminous asphalt concrete, with modifications approved by the Transportation Department, for the entire Property frontage.

ii. Construction of additional pavement along Meadowville Road at the approved accesses to provide left and right turn lanes, if warranted, based on Transportation Department Standards.

iii Relocation of the ditch to provide an eight (8) foot wide unpaved shoulder along the west side of North Enon Church Road for the entire property frontage along North Enon Church Road.

iv. Dedication to and for the benefit of Chesterfield County, free and unrestricted, of any additional right-of-way (or easement) required for the improvements identified above.

i. Direct vehicular access from the Property to Meadowville Road shall be limited to two (2) entrance/exits. The exact location of these accesses shall be approved by the Transportation Department.

ii. There shall be no direct vehicular access from the Property to North Enon Church Road.

D. New Meadowville Road. If the Property is developed in accordance with the “Master Plan, Meadowville Town Center – Alternate” Plan dated September 20, 2007, prepared by TimmonsKelly Architects, unless an alternative alignment is determined based on Textual Statement General Condition I(B), the Developer shall be responsible for the following improvements and other transportation improvements in Proffered Condition 4. The exact design of these improvements shall be approved by the Transportation Department.

i Dedication: Prior to any site plan approval, in conjunction with recordation of the initial subdivision plat or within sixty (60) days from the date of a written request by the Transportation Department, whichever occurs first, a seventy (70) foot wide right-of-way for a north/south collector (“New Meadowville Road”)from the Meadowville Road/Deepwater Cove Drive intersection, through the Property to the western Property line, as generally shown on the Conceptual Plan entitled “Master Plan, Meadowville Town Center – Alternate” dated September 20, 2007, shall be dedicated, free and unrestricted, to Chesterfield County.

a. Construction of a two-lane road for New Meadowville Road, based on VDOT Urban Collector Standards (40 MPH) with modifications approved by the Transportation Department, from the Meadowville Road/Deepwater Cove intersection, through the Property to the western property line as generally shown on the “Master Plan, Meadowville Town Center – Alternate” Conceptual Plan. The exact alignment of New Meadowville Road right-of-way shall be approved by the Transportation Department.

b. Construction of additional pavement along existing Meadowville Road and New Meadowville Road at each approved access to provide left and right turn lanes, if warranted, based on Transportation Department standards.

c. Dedication to and for the benefit of Chesterfield County, free and unrestricted, of any additional right-of-way (or easement) required for the improvements identified above.

iii. Access. Prior to any site plan approval, an access plan for New Meadowville Road shall be submitted to and approved by the Transportation Department. Vehicular access from the Property to New Meadowville Road extended shall conform to the approved access plan.

E. Phasing Plan. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 4, shall be submitted to and approved by the Transportation Department. (T)

5. Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE)

A. For all dwelling units initially constructed with more than two (2) bedrooms the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the service district for the property:

2. The amount approved by the Board of Supervisors not to exceed $15,600 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which the payment is made if paid after June 30, 3007.

B. For all dwelling units initially constructed with two or fewer bedrooms the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the service district for the property:

1. $10,269 per dwelling unit, if paid prior to July 1, 2007; or

2. The amount approved by the Board of Supervisors not to exceed $10,269 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2007. At the time of payment, the $10,269 will be allocated pro-rata among the facility costs as follows: $602 for parks and recreation, $348 for library facilities, $8,915 for roads, and $404 for fire stations. Payments in excess of $10,269 shall be prorated as set forth above.

C. Building plans submitted for building permits shall designate the number of bedrooms in each dwelling unit.

D. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law.

E. If, upon the mutual agreement of the Transportation Department and the Applicant the Applicant provides road improvements other than those road improvements identified in Proffered Condition 4 (the “Improvements”), then the transportation component in this Proffered Condition shall be reduced by an amount not to exceed the cost to construct the Improvements so long as the cost is of equal or greater value than that which would have been collected through the payment(s) of the road component of the cash proffer as determined by the Transportation Department. Once the sum total amount of the cash proffer credit exceeds the cost of the Improvements, as determined by the Transportation Department, thereafter the Applicant shall commence paying the cash proffer as set forth in this Proffered Condition as adjusted for the credit. For the purposes of this proffer, the costs, as approved by the Transportation Department, shall include, but not be limited to, the cost of right-of-way acquisition, engineering costs, costs of relocating utilities and actual costs of construction (including labor, materials, and overhead) (“Work”). Before any Work is performed, the Applicant shall receive prior written approval by the Transportation Department for the Improvements and any credit amount.

F. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the County. If Chesterfield should adopt a “workforce” or “affordable” housing program which eliminates or permits a reduced cash proffer, the cash proffer for any dwelling unit on the Property that is designated as “workforce” or “affordable” housing, that meets all the requirements of the adopted “workforce” or “affordable” housing program, and for which a cash proffer has not yet been paid shall be adjusted to be consistent with the approved “workforce” or “affordable” housing program. (B & M)

In Midlothian Magisterial District, GOODE LAND COMPANY requests rezoning and amendment of zoning district map from Residential (R-7) and Community Business (C-3) to Community Business (C-3) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for village shopping district use uses. This request lies on 2.7 acres and is known as 13217 Midlothian Turnpike. Tax ID 731-707-2423.

Ms. Peterson presented a summary of Case 07SN0356 and stated the Planning Commission recommended approval and acceptance of the proffered conditions. She stated that staff recommended approval of the rezoning subject to the applicant addressing concerns relative to architectural treatment and drive-in windows and recommended denial of the Conditional Use Planned Development.

Mr. Jim Theobald, the applicant’s representative, stated the recommendation is acceptable.

Ms. Amy Satterfield, Executive Director of Village of Midlothian Coalition, stated she supported the request. She further stated the applicant has addressed issues the Coalition had.

On motion of Mr. Gecker, seconded by Ms. Durfee, the Board approved Case 07SN0356 and accepted the following proffered conditions:

The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect.

1. Master Plan. The Textual Statement dated July 30, 2007 shall be considered the Master Plan. (P)

2. Architecture. The architectural treatment of buildings constructed on the Property shall be generally consistent with Colonial Revival Architecture, unless otherwise requested by the developer and specifically approved by the Planning Commission at time of site plan approval. (P)

3. Fence. A decorative metal fence shall be constructed along Midlothian Turnpike exclusive of the entranceway. The fence shall have brick piers with concrete caps. (P)

a. In conjunction with the initial development of the Property, the developer shall construct a sidewalk to VDOT standards along Midlothian Turnpike (Route 60) for the entire property frontage, and dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for this improvement. The exact design and location of this improvement shall be approved by the Transportation Department. There shall be a minimum five (5) foot wide grassy strip from the back of curb to the sidewalk.

b. A sidewalk shall be constructed to the northern limits of Tax ID 731-706-3947 to facilitate pedestrian connection between the proposed developments. (P)

5. Access. Direct vehicular access from the Property to Midlothian Turnpike (Route 60) shall be limited to one (1) entrance/exit, generally located towards the eastern property line. The exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the Property to provide shared use of this access with adjacent property to the east, west and south. (T)

6. Notification. The developer shall be responsible for notifying by registered, certified or first class mail, the last known representative on file with the Planning Department of the Village of Midlothian Volunteer Coalition of any site plan. Such notification shall occur as soon as practical, but in no event less than twenty-one (21) days prior to approval or disapproval of the plan. The developer shall provide a copy of the notification letter(s) to the Planning Department. (P)

7. Street Lights. The developer shall be responsible for installation of decorative street lighting similar in design to the light fixture specified in The Midlothian Village Technical Manual which shall be provided along all public roads adjacent to the site. Spacing shall be approximately eighty (80) feet on center. All on-site freestanding street light fixtures shall be compatible with the aforementioned street lights. (P)

9. Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE)

a. Uses shall not be open to the public between the hours of midnight and 6:00 a.m.

b. Uses shall be limited to those uses permitted by right or with restrictions in the Neighborhood Business (C-2) District plus the following uses:

i. cocktail lounges provided that they are accessory to a restaurant;
ii. liquor stores;
iii. restaurants, to include carry out and fast food;
iv. electrical, plumbing HVAC sales and display rooms; and
v. microbreweries provided that the manufacturing of alcoholic beverages shall be for the sole purpose of on-site consumption and such on-site consumption shall only occur if accessory to a restaurant use.

vi. gasoline sales;
vii. coin-operated dry cleaning, laundry or laundromats;
viii. rental of health and party equipment; and small home hardware, tools and equipment;
ix. cigarette outlets;
x. electrical, plumbing and HVAC service;
xi. funeral homes or mortuaries; and
xii. motor vehicle accessory stores. (P)

11. Drive-Through Windows. There shall be no drive-through window on the façade of any building which drive-through would be parallel and adjacent to Midlothian Turnpike. Any drive-through window located on the side of a building, and located in front of the front plane of any building adjacent thereto on adjacent properties, shall be covered by a porte-cochère. Fast food restaurants shall not have drive through windows, excluding, however, restaurants with drive through windows whose primary business (a minimum of fifty (50) percent of its gross receipts) is the sale of specialty coffee beverages, as well as ground and unground coffee beans. (P)

12. Parking. There shall be no parking between Midlothian Turnpike and the façade of any building adjacent to Midlothian Turnpike. (P)

13. Retaining Walls. No individual retaining wall on the south side of the Property shall exceed five (5) feet in height.

In Dale Magisterial District, RICHMOND KICKERS YOUTH SOCCER CLUB, INC. requests amendment to Conditional Use Planned Development (Case 87SN0133) to permit indoor/outdoor recreation uses and related requirements relative to, but not limited to, open space, height and setbacks and amendment of zoning district map. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use uses. This request lies in a Corporate Office (O-2) District on 52.6 acres lying on the north line of Ridgedale Parkway; also fronting approximately 2,870 feet on the southwest line of Chippenham Parkway west of Iron Bridge Road. Tax IDs 774-689-Part of 6684; 775-689-1840, 2972 and 8931; and 776-688-0199 and 5379.

Mr. Clay presented a summary of Case 08SN0124 and stated the Planning Commission recommended approval and acceptance of the proffered conditions. He further stated staff recommended approval and acceptance of the proffered conditions subject to the applicant addressing concerns relative to a computer-controlled, variable message electronic sign.

Mr. Jeff Geiger, the applicant’s representative, gave a background of Richmond Kickers Youth Soccer Club. He further stated the applicant is willing to allow use of the fields by local high school athletic groups.

On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved Case 08SN0124 and accepted the following proffered conditions:

The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the property under consideration will be developed according to the following proffer if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owners and applicant. In the event this request is denied or approved with conditions not agreed to by the owners and applicant, the proffers shall immediately be null and void and of no further force or effect.

THE FOLLOWING CONDITIONS, IN ADDITION TO THE CONDITIONS OF CASE NO. 87S133 AS AMENDED HEREIN, SHALL ONLY APPLY TO THE DEVELOPMENT OF OUTDOOR RECREATIONAL FACILITIES INCLUDING, BUT NOT LIMITED TO, A SOCCER COMPLEX, WHICH MAY INCLUDE A STADIUM AND PLAYING FIELDS ENCLOSED BY A BUBBLE-STYLE ENCLOSURE, AN ASSOCIATED MEDICAL CLINIC, AND ACCESSORY AND RELATED USES (THE “FACILITIES”) AS PERMITTED AND REGULATED PURSUANT TO THE AMENDED CUPD REQUESTED HEREWITH. TO THE EXTENT SUCH FACILITIES ARE NOT DEVELOPED, THE CONDITIONS OF CASE NO. 87S133 SHALL CONTINUE TO APPLY.

1. Master Plan. The Textual Statement revised November 15, 1988 and as further revised on October 12, 2007, shall be considered the Master Plan. (Note: this condition supersedes Board Imposed Condition 1 of Case No. 87S133.) (P)

Chesterfield Officials

BOARD OF SUPERVISORS

MINUTES

January 9, 2008