Chesterfield Officials

BOARD OF SUPERVISORS

MINUTES

October 24, 2007

Mr. Miller called the regularly scheduled meeting to order at 3:05 p.m.

1. APPROVAL OF MINUTES FOR OCTOBER 10, 2006
On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved the minutes of October 10, 2006, as amended.

Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None.

2. COUNTY ADMINISTRATOR'S COMMENTS

• Dr. Nelson briefed the Board regarding staph infections. He noted that 85 percent of all staph infections are healthcare-related, and the other 13 percent are community acquired. He discussed precautions being taken by schools, including reducing the sharing of towels; increasing the laundry temperature for washing of uniforms; cleaning the gym and surfaces; and making sure that athletes with scratches and scrapes are taking care of them promptly.

There was brief discussion relative to the symptoms of staph infections.

In response to Mr. Miller’s question, Dr. Nelson stated the elderly have about a 10 to 20 times higher chance of acquiring a staph infection than the younger age group.

3. BOARD MEMBER REPORTS

Mr. Sowder expressed concerns regarding the current water restrictions, indicating that some people are watering twice as much on the days that they are allowed to water. He inquired about the possibility of quantitative water restrictions.

Mr. Miller stated a future consideration might be to require developers to provide well systems for irrigation purposes.

4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION

On motion of Mr. Sowder, seconded by Mrs. Humphrey, the Board added Item 8.C.8.d., Set Date for Public Hearing to Consider the Foxcroft Landscaping Enhancement Project; and adopted the agenda, as amended.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

There were no resolutions at this time.

6. WORK SESSION

O PROPOSED 2007 ROAD IMPACT FEES

Deputy County Attorney Jeff Mincks stated legislation was adopted at the 2007 General Assembly session giving localities the ability to impose road impact fees. He further stated staff has been working with the Planning Commission and the Impact Fee Ordinance Advisory Committee since June to develop a proposed impact fee ordinance. He stated this funding source would be for already zoned residential, but not yet subdivided, lots. He further stated staff estimated $5,800 per dwelling unit for the impact fee, if enacted. He stated there are currently 26,000 un-built cash proffer lots and 15,000 un-built lots that could be available for impact fees. He further stated the Planning Commission recommended not adopting an impact fee program because the Commission wanted more time to consider the program and also wanted to see it in a comprehensive transportation program. He stated a number of issues have developed, including whether to include commercial industrial development; inclusion of lots that have already committed to cash proffers if the transportation component is less than the current impact fee; family held property; lots valued at less than the proposed impact fee; non-profit housing; and small lots.

In response to Mr. Miller’s question, Mr. Mincks stated staff is recommending that the cash proffer lots be excluded from the impact fee program. He stated family-held property would not be subject to impact fees if it qualified for a family split; however, if someone anticipated separating their property, it would be subject to the subdivision regulations.

Mr. Miller noted that the Board has gone on record supporting impact fee legislation before the General Assembly for many years in a lot of different forms.

Mr. Warren stated the General Assembly has provided impact fee authority as an alternative means of addressing infrastructure needs.

In response to Mr. Warren’s question, Mr. Mincks stated the formula used to calculate the impact fee is a mandated formula. He noted that the cost of road construction has nearly quadrupled in the last fifteen years.

Mr. Warren referenced the Board’s Transportation Summit and expressed concerns relative to the report in terms of the Planning Commission not recommending funding for the county’s transportation network.

Mr. Mincks stated staff recommends going forward with the current formula, but the Planning Commission had requested additional time.

Mrs. Humphrey requested that the Budget Department be prepared to discuss how the same formula would apply to the family split of agriculture property at the public hearing.

In response to Mr. King’s question, Mr. Micas stated that the intention is to allocate the funds in the same fashion that is being done with cash proffers.

Mr. Sowder noted that impact fees are only imposed if and when the property is developed.

Mr. Miller stated the Board has asked for tools from the General Assembly to help fund infrastructure needs, and now they have been provided. He further stated the Board should certainly consider impact fees.

7. DEFERRED ITEMS

There were no deferred items at this time.

8. NEW BUSINESS

8.A. APPOINTMENTS

On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board suspended its rules at this time to allow for simultaneous nomination/appointment of a member to serve on the Youth Services Citizen Board.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.A. 1. YOUTH SERVICES CITIZEN BOARD

On motion of Mr. King, seconded by Mr. Sowder, the Board simultaneously nominated/appointed Mr. Tim Brock, an adult representing the Bermuda District, to serve on the Youth Services Citizen Board, whose term is effective July 1, 2007 and expires June 30, 2010.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.B. STREETLIGHT INSTALLATION AND COST APPROVALS

On motion of Mr. King, seconded by Mr. Warren, the Board approved the following streetlight installations in the Bermuda District:

• In the Bellwood Addition subdivision, on Gettings Lane, in the vicinity of 2512

Cost to install streetlight: $117.83

• In the Timsberry Gardens subdivision, on Edgewood Drive, in the vicinity of 16008

Cost to install streetlight: $117.83

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C. CONSENT ITEMS

On motion of Mr. King, seconded by Mrs. Humphrey, the Board removed the following item from the Consent Agenda for public comment: Item 8.C.8.c., Set Date for Public Hearing to Consider an Amendment to the Code of the County of Chesterfield, 1997, as Amended, 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.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.1. STATE ROAD ACCEPTANCE

On motion of Mrs. Humphrey, seconded by Mr. King, 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.

Project: Cypress Woods, Section 2

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

• Cypress Vine Drive, State Route Number 7231

From: 0.03 mi. W of Castlewellan Dr., (Rt. 7235)

To: Silverdust Ln., (Rt. 7241), a distance of: 0.03 miles.

Recordation Reference: Pb.161 Pg.48

Right of Way width (feet) = 60

• Cypress Vine Drive, State Route Number 7231

From: Silverdust Ln., (Rt. 7241)

To: Cul-de-sac, a distance of: 0.02 miles.

Recordation Reference: Pb.161 Pg.48

Right of Way width (feet) = 60

• Silverdust Lane, State Route Number 7241

From: Cypress Vine Dr., (Rt. 7231)

To: Cul-de-sac, a distance of: 0.22 miles.

Recordation Reference: Pb.161 Pg.48

Right of Way width (feet) = 50

• Silverdust Lane, State Route Number 7241

From: Cypress Vine Dr., (Rt. 7231)

To: Silverdust Pl., (Rt. 7242), a distance of: 0.10 miles.

Recordation Reference: Pb.161 Pg.48

Right of Way width (feet) = 50

• Silverdust Place, State Route Number 7242

From: Silverdust Ln., (Rt. 7241)

To: Cul-de-sac, a distance of: 0.03 miles.

Recordation Reference: Pb.161 Pg.48

Right of Way width (feet) = 50

• Silverdust Lane, State Route Number 7241

From: Silverdust Pl., (Rt. 7242)

To: Green Spire Dr., (Rt. 7243), a distance of: 0.23 miles.

Recordation Reference: Pb.161 Pg.48

Right of Way width (feet) = 50

• Green Spire Drive, State Route Number 7243

From: Silverdust Ln., (Rt. 7241)

To: Golf Course Rd., (Rt. 620), a distance of: 0.09 miles.

Recordation Reference: Pb.161 Pg.48

Right of Way width (feet) = 50

• Silverdust Lane, State Route Number 7241

From: Green Spire Dr., (Rt. 7243)

To: Silverdust Ct., (Rt. 7244), a distance of: 0.11 miles.

Recordation Reference: Pb.161 Pg.48

Right of Way width (feet) = 50

• Silverdust Court, State Route Number 7244

From: Silverdust Ln., (Rt. 7241)

To: Cul-de-sac, a distance of: 0.04 miles.

Recordation Reference: Pb.161 Pg.48

Right of Way width (feet) = 50

• Silverdust Lane, State Route Number 7241

From: Silverdust Ct., (Rt. 7244)

To: Cul-de-sac, a distance of: 0.03 miles.

Recordation Reference: Pb.161 Pg.48

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.

Project: Southcreek, Section 9

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

• Woodhollow Drive, State Route Number 7238

From: Southcreek Dr., (Rt. 4016)

To: Quiet Forest Ln., (Rt. 7239), a distance of: 0.08 miles.

Recordation Reference: Pb.159 Pg.25

Right of Way width (feet) = 50

• Quiet Forest Lane, State Route Number 7239

From: Woodhollow Dr., (Rt. 7238)

To: Cul-de-sac, a distance of: 0.03 miles.

Recordation Reference: Pb.159 Pg.25

Right of Way width (feet) = 50

• Quiet Forest Lane, State Route Number 7239

From: Woodhollow Dr., (Rt. 7238)

To: Quiet Forest Ct., (Rt. 7240), a distance of: 0.06 miles.

Recordation Reference: Pb.159 Pg.25

Right of Way width (feet) = 50

• Quiet Forest Court, State Route Number 7240

From: Quiet Forest Ln., (Rt. 7239)

To: Cul-de-sac, a distance of: 0.06 miles.

Recordation Reference: Pb.159 Pg.25

Right of Way width (feet) = 50

• Quiet Forest Lane, State Route Number 7239

From: Quiet Forest Ct., (Rt. 7240)

To: Cul-de-sac, a distance of: 0.09 miles.

Recordation Reference: Pb.159 Pg.25

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.

Project: Bendahl Valley, Section A

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

• Baxter Bridge Drive, State Route Number 7228

From: Salem Church Rd., (Rt. 642)

To: Baxter Bridge Pl., (Rt. 7229), a distance of: 0.09 miles.

Recordation Reference: Pb.161 Pg.15

Right of Way width (feet) = 50

• Baxter Bridge Place, State Route Number 7229

From: Baxter Bridge Dr., (Rt. 7228)

To: Cul-de-sac, a distance of: 0.07 miles.

Recordation Reference: Pb.161 Pg.15

Right of Way width (feet) = 40

• Baxter Bridge Drive, State Route Number 7228

From: Baxter Bridge Pl., (Rt. 7229)

To: Finworth Ln., (Rt. 7230), a distance of: 0.06 miles.

Recordation Reference: Pb.161 Pg.15

Right of Way width (feet) = 50

• Finworth Lane, State Route Number 7230

From: Baxter Bridge Dr., (Rt. 7228)

To: Cul-de-sac, a distance of: 0.06 miles.

Recordation Reference: Pb.161 Pg.15

Right of Way width (feet) = 46

• Finworth Lane, State Route Number 7230

From: Baxter Bridge Dr., (Rt. 7228)

To: Temp EOM, a distance of: 0.07 miles.

Recordation Reference: Pb.161 Pg.15

Right of Way width (feet) = 40

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.

Project: Cascade Creek

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

• Scotts Bluff Way, State Route Number 5938

From: 0.03 mi. S of Scotts Bluff Ln., (Rt. 5940)

To: Clearbrook Ct., (Rt. 7219), a distance of: 0.02 miles.

Recordation Reference: Pb.156 Pg.1

Right of Way width (feet) = 50

• Clearbrook Court, State Route Number 7219

From: Scotts Bluff Wy., (Rt. 5938)

To: Cul-de-sac, a distance of: 0.07 miles.

Recordation Reference: Pb.156 Pg.1

Right of Way width (feet) = 50

• Clearbrook Place, State Route Number 7218

From: Scotts Bluff Wy., (Rt. 5938)

To: Cul-de-sac, a distance of: 0.09 miles.

Recordation Reference: Pb.156 Pg.1

Right of Way width (feet) = 50

• Scotts Bluff Way, State Route Number 5938

From: Clearbrook Ct., (Rt. 7219)

To: Cascade Creek Ln., (Rt. 7220), a distance of: 0.07 miles.

Recordation Reference: Pb.156 Pg.1

Right of Way width (feet) = 50

• Cascade Creek Lane, State Route Number 7220

From: Scotts Bluff Wy., (Rt. 5938)

To: Cul-de-sac, a distance of: 0.04 miles.

Recordation Reference: Pb.156 Pg.1

Right of Way width (feet) = 50

• Cascade Creek Lane, State Route Number 7220

From: Scotts Bluff Wy., (Rt. 5938)

To: Cascade Creek Ct., (Rt. 7221), a distance of: 0.06 miles.

Recordation Reference: Pb.156 Pg.1

Right of Way width (feet) = 50

• Cascade Creek Court, State Route Number 7221

From: Cascade Creek Ln., (Rt. 7220)

To: Cul-de-sac, a distance of: 0.03 miles.

Recordation Reference: Pb.156 Pg.1

Right of Way width (feet) = 50

• Cascade Creek Lane, State Route Number 7220

From: Cascade Creek Ct., (Rt. 7221)

To: Cascade Creek Pl., (Rt. 7222), a distance of: 0.07 miles.

Recordation Reference: Pb.156 Pg.1

Right of Way width (feet) = 50

• Cascade Creek Place, State Route Number 7222

From: Cascade Creek Ln., (Rt. 7220)

To: Cul-de-sac, a distance of: 0.05 miles.

Recordation Reference: Pb.156 Pg.1

Right of Way width (feet) = 50

• Cascade Creek Lane, State Route Number 7220

From: Cascade Creek Pl., (Rt. 7222)

To: Springmount Rd., (Rt. 5921), a distance of: 0.08 miles.

Recordation Reference: Pb.156 Pg.1

Right of Way width (feet) = 50

• Cascade Creek Lane, State Route Number 7220

From: Springmount Rd., (Rt. 5921)

To: Cul-de-sac, a distance of: 0.07 miles.

Recordation Reference: Pb.156 Pg.1

Right of Way width (feet) = 50

• Springmount Road, State Route Number 5921

From: Cascade Creek Ln., (Rt. 7220)

To: Spring Glen Dr., (Rt. 7223), a distance of: 0.05 miles.

Recordation Reference: Pb.156 Pg.1

Right of Way width (feet) = 50

• Spring Glen Drive, State Route Number 7223

From: Springmount Rd., (Rt. 5921)

To: Spring Glen Ct., (Rt. 7224), a distance of: 0.13 miles.

Recordation Reference: Pb.156 Pg.1

Right of Way width (feet) = 50

• Spring Glen Court, State Route Number 7224

From: Spring Glen Dr., (Rt. 7223)

To: Cul-de-sac, a distance of: 0.05 miles.

Recordation Reference: Pb.156 Pg.1

Right of Way width (feet) = 50

• Spring Glen Drive, State Route Number 7223

From: Spring Glen Ct., (Rt. 7224)

To: Cul-de-sac, a distance of: 0.03 miles.

Recordation Reference: Pb.156 Pg.1

Right of Way width (feet) = 50

• Springmount Road, State Route Number 5921

From: Spring Glen Dr., (Rt. 7223)

To: 0.03 mi. N of Spring Glen Dr., (Rt. 7223), a distance of: 0.03 miles.

Recordation Reference: Pb.156 Pg.1

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.

Project: Kings Grove, Section 1

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

• South Jessup Road, State Route Number 2301

From: Regal Grove Dr., (Rt. 7128)

To: 0.02 mi. N of Regal Grove Dr., (Rt. 7128), a distance of: 0.02 miles.

Recordation Reference: Pb. 154 Pg. 69

Right of Way width (feet) = 44

• South Jessup Road, State Route Number 2301

From: Regal Grove Dr., (Rt. 7128)

To: South Jessup Lp., (Rt. 7245), a distance of: 0.06 miles.

Recordation Reference: Pb. 154 Pg. 69

Right of Way width (feet) = 40

• South Jessup Road, State Route Number 2301

From: South Jessup Lp., (Rt. 7245)

To: South Jessup Lp., (Rt. 7245), a distance of: 0.02 miles.

Recordation Reference: Pb. 154 Pg. 69

Right of Way width (feet) = 40

• South Jessup Loop, State Route Number 7245

From: South Jessup Rd., (Rt. 2301)

To: South Jessup Rd., (Rt. 2301), a distance of: 0.06 miles.

Recordation Reference: Pb. 154 Pg. 69

Right of Way width (feet) = 40

• South Jessup Road, State Route Number 2301

From: South Jessup Lp., (Rt. 7245)

To: Cul-de-sac, a distance of: 0.17 miles.

Recordation Reference: Pb. 154 Pg. 69

Right of Way width (feet) = 40

• Regal Grove Drive, State Route Number 7128

From: South Jessup Rd., (Rt. 2301)

To: Cul-de-sac, a distance of: 0.08 miles.

Recordation Reference: Pb. 154 Pg. 69

Right of Way width (feet) = 40

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.

Project: Kings Farm at Riverdowns, Section 5

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

• Post Mill Drive, State Route Number 5859

From: 0.01 mi. NW of Riverdowns South Dr., (Rt. 5744)

To: Post Mill Pl., (Rt. 7204), a distance of: 0.14 miles.

Recordation Reference: Pb.157 Pg.71

Right of Way width (feet) = 40

• Post Mill Place, State Route Number 7204

From: Post Mill Dr., (Rt. 5859)

To: Cul-de-sac, a distance of: 0.07 miles.

Recordation Reference: Pb.157 Pg.71

Right of Way width (feet) = 40

• Post Mill Drive, State Route Number 5859

From: Post Mill Pl., (Rt. 7204)

To: Post Mill Tr., (Rt. 7205), a distance of: 0.09 miles.

Recordation Reference: Pb.157 Pg.71

Right of Way width (feet) = 40

• Post Mill Terrace, State Route Number 7205

From: Post Mill Dr., (Rt. 5859)

To: Cul-de-sac, a distance of: 0.04 miles.

Recordation Reference: Pb.157 Pg.71

Right of Way width (feet) = 40

• Post Mill Drive, State Route Number 5859

From: Post Mill Tr., (Rt. 7205)

To: 0.01 mi. S of Brewton Wy., (Rt. 5860), a distance of: 0.11 miles.

Recordation Reference: Pb.157 Pg.71

Right of Way width (feet) = 40

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.

Project: Queens Grant at Riverdowns, Section 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

• Riverdowns South Drive, State Route Number 5744

From: 0.03 mi. S of Brewton Wy., (Rt. 5860)

To: Post Mill Dr., (Rt. 5859), a distance of: 0.16 miles.

Recordation Reference: Pb.256 Pg.89

Right of Way width (feet) = 50

• Post Mill Drive, State Route Number 5859

From: Riverdowns South Dr., (Rt. 5744)

To: 0.01 mi. NW of Riverdowns South Dr., (Rt. 5744), a distance of: 0.01 miles.

Recordation Reference: Pb.256 Pg.89

Right of Way width (feet) = 40

• Riverdowns South Drive, State Route Number 5744

From: Post Mill Dr., (Rt. 5859)

To: Temp EOM, a distance of: 0.20 miles.

Recordation Reference: Pb.256 Pg.89

Right of Way width (feet) = 50

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C. ADOPTION OF RESOLUTIONS

8.C.3.a. RECOGNIZING FAMILY LIFELINE ON ITS 130TH ANNIVERSARY

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, Family Lifeline has been dedicated to supporting and strengthening families in the communities where they live, work, and learn since 1877 as the City Mission, merging in 1905 to the Associated Charities, in 1928 became Family Service Society, in 1963 merged into Family and Children’s Services, and became Family Lifeline in 2001; and

WHEREAS, Family Lifeline envisions that strong families nurture their members at all ages and stages of life – supporting children so that they are healthy and prepared to be successful in school, enabling adults to be successful in the workplace, assuring that seniors are protected and well-cared for, all of which contributes to the strength and vitality of our community; and

WHEREAS, in fiscal year 2007, Family Lifeline supported and served 2,461 families in Chesterfield, Henrico, Richmond, and Petersburg and with the assistance of 500 volunteers, contributed time and creativity to strengthen families; and

WHEREAS, Family Lifeline reaches out to families in the communities where they live, work and learn – not asking them to come to office locations that are remote from where they are; and

WHEREAS, Family Lifeline works in partnership with other not-for-profit organizations to increase efficiency and effectiveness, accomplishing more by working together than independently; and

WHEREAS, Family Lifeline builds on strengths by identifying the assets in families and communities that can be leveraged to strengthen the community; and

WHEREAS, Family Lifeline strengthens the foundation for families by assuring that they live in safe stable houses, are employed in jobs that provide a livable wage and benefits, and take optimal advantage of education opportunities.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby congratulates Family Lifeline on celebrating its 130th anniversary and expresses sincere appreciation for its continuing efforts to support and strengthen families and communities, including Chesterfield County.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.3.b. RECOGNIZING NOVEMBER 2007, AS “FAMILY HEALTH HISTORY MONTH

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, Chesterfield County is committed to the health and well being of all its residents; and

WHEREAS, certain diseases and conditions, including heart disease, diabetes, cancer, obesity, sickle cell anemia and hemophilia, can run in families; and

WHEREAS, being aware of the health history of biological or blood relatives, both contemporary and ancestral, can help individuals and families take preventive measures to maintain their health, and to obtain early diagnosis and treatment; and

WHEREAS, studies have shown that fewer than one-third of Americans know their family’s health history; and

WHEREAS, in 2004, U.S. Surgeon General Richard H. Carmona, in conjunction with the U.S. Department of Health and Human Services, began a campaign to encourage all families to learn more about their family health history; and

WHEREAS, November is “Family Health History Month,” and an opportune time to remind all Chesterfield County residents of the importance of researching and recording their family health history; and

WHEREAS, as we approach the holiday season, a traditional time for family gatherings, it is a good time to discuss family health history and work to improve the health of current-day and future family members.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes November 2007, as “Family Health History Month,” and encourages all Chesterfield County residents to learn about their family health history.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.3.c. RECOGNIZING MASTER OFFICER MICHAEL A. BICKEL UPON HIS RETIREMENT

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, Master Officer Michael A. Bickel retired from the Chesterfield County Police Department on November 1, 2007 after providing 20 years of quality service to the citizens of Chesterfield County; and

WHEREAS, Master Officer Bickel has faithfully served the county in the capacity of Patrol Officer, Senior Officer, and Master Officer; and

WHEREAS, during his tenure, Master Officer Bickel served as a Field Training Officer, DARE Officer, School Resource Officer, Special Response Unit member, and General Instructor; and

WHEREAS, Master Officer Bickel distinguished himself by demonstrating teamwork, professionalism and commitment to duty; and

WHEREAS, Master Officer Bickel was commended by his superiors within the Chesterfield County Police Department for his outstanding performance of duty, which led to the clearance of numerous cases, recovery of stolen property, and apprehension of criminals; and

WHEREAS, Master Officer Bickel received letters of appreciation from Chesterfield County citizens throughout his career for his loyalty and devotion to duty; and

WHEREAS, Master Officer Bickel has provided the Chesterfield County Police Department with many years of faithful and dedicated service; and

WHEREAS, Chesterfield County and the Board of Supervisors will miss Master Officer Bickel’s diligent service.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Master Officer Michael A. Bickel, and extends, on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.4. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND

8.C.4.a. TO THE DEPARTMENT OF ENVIRONMENTAL ENGINEERING TO CONTROL VEGETATION IN MIDDLE LAKE AND FINGER LAKE, COUNTY MAINTAINED STROM WATER MANAGEMENT PONDS LOCATED IN THE QUEENSPARK SUBDIVISION

On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $3,500 from the Midlothian District Improvement Fund to the Department of Environmental Engineering to control vegetation in Middle Lake and Finger Lake, which are county-maintained storm water management ponds located in the Queenspark Subdivision.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.4.b. TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE AND INSTALL LANDSCAPING ON PUBLIC PROPERTY AT ROBIOUS ELEMENTARY SCHOOL

On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $3,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to purchase and install landscaping at Robious Elementary School.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.4.c. TO THE POLICE DEPARTMENT TO REIMBURSE THE POLICE DEPARTMENT FOR THE COSTS OF TRAFFIC CONTROL AT THE MIDLOTHIAN VILLAGE DAY FESTIVAL

On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $2,000 from the Midlothian District Improvement Fund to the Police Department to reimburse the Police Department to defray the costs associated with traffic control during the Midlothian Village Day Festival.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.5. REQUESTS FOR PERMISSION

8.C.5.a. FROM DAVID E. AND AMANDA H. YOUNG FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASMENT ACROSS LOT 43, BERKLEY VILLAGE, SECTION A AT CHARTER COLONY

On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a request from David E. and Amanda H. Young for permission for a proposed fence to encroach within a 8-foot easement across Lot 43, Berkley Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.5.b. FROM ROLAND PRICE BEAZLEY, III AND KRISTEN HARRELL BEAZLEY FOR A PROPOSED FENCE TO ENCROACH WITHIN A THIRTY-FOOT DRAINAGE AND SEWER EASEMENT, AND A SIXTEEN-FOOT EASEMENT ACROSS LOT 46, STEWARD VILLAGE, SECTION A AT CHARTER COLONY

On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a 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, Steward Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.5.c. 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 1

On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a 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 1, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.5.d. FROM LASANDRA D. JACKSON FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 10, BERKLEY VILLAGE, SECTION A AT CHARTER COLONY

On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a request from LaSandra D. Jackson for permission for a proposed fence to encroach 5 feet into a 16-foot drainage easement across Lot 10, Berkley Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.5.e. FROM VICTOR J. AND DAWN M. POLTRICK FOR AN EXISTING CONCRETE PAD AND TWO FOUR-INCH BY FOUR-INCH WOODEN POSTS TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 15, BLOCK C, HILLTOP FARMS, SECTION C

On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a 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, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.5.f. FROM STEPHEN R. RUQUS, JR. AND TERRI RUQUS FOR A PROPOSED FENSE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 1, TANNER VILLAGE, SECTION C AT CHARTER COLONY

On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a request from 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, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.6. ACCEPTANCE OF A PARCEL OF LAND ALONG COMMONWEALTH CENTRE PARKWAY FROM COMMONWEALTH CENTRE STORAGE, LLC

On motion of Mrs. Humphrey, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.039 acres along Commonwealth Centre Parkway from Commonwealth Centre Storage, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.7. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY OF THE SALISBURY CORPORATION

On motion of Mrs. Humphrey, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16-foot water easement across the property of The Salisbury Corporation. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.8. SET DATES FOR PUBLIC HEARINGS

8.C.8.a. TO CONSIDER AN AMENDMENT TO SECTION 19-5 OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF
ORDINANCES REGARDING THE NUMBER OF UNRELATED PERSONS IN SINGLE FAMILY DWELLINGS

On motion of Mrs. Humphrey, seconded by Mr. King, the Board set the date of November 28, 2007 at 6:30 p.m. for a public hearing 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.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.8.d. TO CONSIDER THE FOXCROFT LANDSCAPING ENHANCEMENT PROJECT

On motion of Mrs. Humphrey, seconded by Mr. King, the Board set the date of November 14, 2007 at 6:30 p.m. for the Board to consider an amendment to the Foxcroft Landscaping Enhancement Project.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

The following item was removed from the Consent Agenda for public comment:

8.C.8.c. SET DATE FOR PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED, 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

Ms. Brenda Stewart, a resident of the Mataoca District, stated the proposed amendment is not ready to go forward and asked that the Board hold a community meeting to answer questions from citizens regarding the impact fees.

Ms. Andrea Epps suggested that the Board provide the public with information concerning the impact fees prior to the public hearing.

On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board set the date of November 28, 2007 at 6:30 p.m. for the Board to consider an amendment to 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.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

Mr. Warren stated, in his opinion, it will be the first of the year before anything is accomplished on this issue.

The following item was removed from the Consent Agenda for Board discussion:

8.C.2. ADOPTION OF THE 2008 LEGISLATIVE PROGRAM

Mr. Miller stated the county should ask the General Assembly to be as aggressive as possible on the issue of illegal immigration. He expressed concerns that the county not end up with a lot of the responsibilities and no funding for those responsibilities. He stated the county will be asking for authority to request applicants for a business license to certify that they do not hire illegal immigrants. He inquired whether the county could ask landlords to certify that they will not rent to illegal immigrants.

Ms. Curtin stated staff’s position is that this issue can be addressed within existing authority under the building code to enforce square footage per person requirements.

In response to Mr. Sowder’s questions, Ms. Curtin stated the Board does not need General Assembly authority to enact the contract certification provision.

On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the 2008 Legislative Program, as amended.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

8.C.8.b. TO SOLICIT COMMENT ON ILLEGAL IMMIGRATION IN CHESTERFIELD COUNTY

On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board set the date of November 14, 2007 at 6:30 p.m. for a public hearing for the Board to solicit comment on the recommendations contained in the Illegal Immigration Report and to articulate community concerns with respect to illegal immigration in the county.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

9. REPORTS

9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS

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

9.C. REPORT ON COMCAST’S PETITION FOR RELIEF FROM LOCAL RATE REGULATION

On motion of Mr. King, seconded by Mr. Warren, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; a Report on Status of 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.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

10. FIFTEEN-MINUTE 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.

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.

11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(3), 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

On motion of Mr. King, seconded by Mrs. Humphrey, the Board went into Closed Session, pursuant to Section 2.2-3711(A)(3), 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.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

Reconvening:

On motion of Mr. Miller, seconded by Mrs. Humphrey, 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:

Mr. Sowder: Aye.
Mr. King: Aye.
Mr. Warren: Aye.
Mrs. Humphrey: Aye.
Mr. Miller: Aye.

12. DINNER

On motion of Mr. Miller, seconded by Mr. King, the Board recessed to the Administration Building, Room 502, for dinner.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

Reconvening:

13. INVOCATION

Dr. Roy Foots, Pastor, New Direction Ministries, gave the invocation.

14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

Mr. Kirk Turner led the Pledge of Allegiance to the flag of the United States of America.

15. RESOLUTIONS

There were no resolutions at this time.

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 ACCEPTTHE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION

07SN0157 (Amended)

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 because the applicant has submitted substantial revisions to the proffered conditions since the Planning Commission heard the case.

Mrs. Humphrey stated she is prepared to hear the case now because the proffered conditions have been updated and, in her opinion, the Board now has enough information to make a decision on the case. She further stated she does not support staff’s recommendation to remand the case to the Planning Commission.

Mr. Miller inquired whether anyone was present to address the request.

Mr. Warren expressed concerns that perhaps citizens were not present concerning the case because they thought it would be remanded to the Planning Commission.

Mr. Miller stated that he is currently not ready to vote on this case.

Mrs. Humphrey indicated her desire to hear the case this evening.

Mr. Miller requested that the case be heard in its regular order.

07SN0223

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 the applicant is requesting a deferral until November 28, 2007.

Mr. Dave Anderson, representing the applicant, stated Roseland would bring to the county an unprecedented level and commitment to new urban living, environmental stewardship and economic development. He then requested a deferral until November 28, 2007.

Mr. Miller called for public comment.

No one came forward to speak to the deferral.

Mrs. Humphrey stated there are some residents in Charter Colony who still need to discuss this case with the developer to gain an understanding of the proffered conditions and the proposed site plan.

On motion of Mrs. Humphrey, seconded by Mr. King, the Board deferred Case 07SN0223 until November 28, 2007.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

07SN0362

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. Turner stated the applicant is requesting a deferral until November 28, 2007.

Minister Gerard Smith, representing the applicant, requested a 30-day deferral to allow the applicant to speak with some of the neighbors and the 360 Corridor Committee regarding the proposed sign.

Mr. Miller called for public comment.

No one came forward to speak to the deferral.

Mr. Warren thanked Minister Smith for his willingness to meet with the residents, indicating that he wants to make sure that the 360 Corridor Committee and the community are aware of the proposal.

On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board deferred Case 07SN0362 until November 28, 2007.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

07SN0333

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 the Planning Commission deferred Case 07SN0333 until November 20, 2007; therefore, staff is requesting that the Board defer the case until November 28, 2007.

Mr. Miller called for public comment.

No one came forward to speak to the deferral.

On motion of Mr. Sowder, seconded by Mr. King, the Board deferred Case 07SN0333 until November 28, 2007.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

07SN0386

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 the Planning Commission deferred Case 07SN0386 until November 20, 2007; therefore, staff is requesting that the Board defer this case until November 28, 2007.

Mr. John Cogbill, representing the applicant, stated the deferral is acceptable.

Mr. Miller called for public comment.

No one came forward to speak to the deferral.

On motion of Mr. King, seconded by Mr. Warren, the Board deferred Case 07SN0386 until November 28, 2007.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

08SN0111

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 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 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.

Mr. Turner stated the Planning Commission deferred Case 08SN0111 until November 20, 2007; therefore, staff is requesting that the Board defer this case until November 28, 2007.

Mrs. Carrie Coyner, representing the applicant, requested that the case not be pushed back to the December meeting due to the fact that the Meadowville Landing Subdivision is currently developing its sidewalk plan. She then stated that the 30-day deferral is acceptable.

Mr. Miller called for public comment.

No one came forward to speak to the deferral.

On motion of Mr. King, seconded by Mr. Warren, the Board deferred Case 08SN0111 until November 28, 2007.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

08SN0131

In Matoaca Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS 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 residential use of 1-5 acre lots, suited to R-88 zoning. This request lies in an Agricultural (A) District on 137.2 acres fronting approximately 1,600 feet on the north and south lines of John Winston Jones Parkway approximately 900 feet northeast of Woodpecker Road; also fronting in two (2) places for approximately 280 feet on the northeast line of Woodpecker Road approximately 600 feet southeast of John Winston Jones Parkway. Tax ID 783-626-4767.

Mr. Turner stated the Planning Commission deferred Case 08SN0131 until December 18, 2007; therefore, staff is requesting that the Board defer the case until December 19, 2007.

Mr. Miller called for public comment.

No one came forward to speak to the deferral.

On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board deferred Case 08SN0131 until December 19, 2007.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

07SN0350

The Commission requests amendment to a Conditional Use Planned Development (Zoning Case 74S021) relating to open space in Brandermill Community. Case 74S021 required 940 acres of open space; this amendment would reduce the total to 912.9 acres. Open space would consist of 473.3 acres owned by Brandermill Comm. Ass'n, 24.5 acres owned as private open space, 173.2 acres owned by Commonwealth Golf Prop., LLC, and not more than 241.9 acres within existing road rights of ways, all of which is shown on a document “Brandermill Residential Communities Open Space Calculations” dated 5/7/07 which is part of this application and can be reviewed at Planning Department on weekdays between 8:30 am & 5:00 pm. Uses permitted in required open space would also be amended so that, except for open space in existing roads, open space could be used only for: maintaining as natural vegetation or landscaped areas; active or passive recreational uses incl. but not limited to walking & biking paths, playgrounds, golf course, pools, tennis courts, related parking lots & buildings; & temporary activities & events such as art shows, annual celebrations, & special outings that support the recreational nature of open space. This request affects all properties that are currently within the boundaries of the Brandermill Community except as noted below. These boundaries follow the entire east line of the Swift Creek Reservoir down to the south line of Swift Creek Reservoir to the west line of the Harbour Pointe residential community over to Hull Street Road. Follow the north line of Hull Street Road to the west line of South Old Hundred Road. Follow the west line of South Old Hundred Road to Genito Road where South Old Hundred Road changes to Charter Colony Parkway. Follow the west line of Charter Colony Parkway to the south line of Old Hundred Road. Follow the south line of Old Hundred Road to the west line of Brandermill Woods and follow the west line of Brandermill Woods to the west line of Deer Meadow subdivision to the west line of Birnam Woods to the west line of Millcrest subdivision to the upper east line of Swift Creek Reservoir. Within these boundaries, all County-owned properties and commercial properties that do not pay dues to the Brandermill Community Association for maintenance are excluded from this request.

Mr. Turner presented a summary of Case 07SN0350 and stated the Planning Commission recommended approval, subject to one condition recommended by the Commission. He noted that an addendum was provided today outlining recent revisions to recommended conditions, indicating that the revisions have been accepted and endorsed by the Brandermill Community Association Board of Directors. He stated staff recommends approval at this time, subject to the five conditions listed in the addendum.

Mr. William Shewmake, representing the Brandermill Community Association, stated the open space issue is vital to the Brandermill community, and the amendment corrects a problem and helps to protect and preserve the open space in the community.

Mr. Miller called for public comment.

In response to Mr. Warren’s question, Mr. Turner stated staff is in support of this request.

Mr. Warren stated Brandermill wanted to make sure that everything was in order to protect their open space for the future.

Mr. Warren then made a motion, seconded by Mr. Sowder, for the Board to approve Case 07SN0350, subject to the following conditions:

1. The plan titled “Brandermill: Open Space and County-Owned Property” dated June 14, 2007, and the chart titled “Brandermill Residential Communities Open Space Calculations” dated May 7, 2007, shall be considered the Master Plan. Park areas and open space areas shall be provided as specifically identified in these documents, provided however that the amount of park area and open space and the location of park area and open space may be modified to conform with park area and open space designations in recorded plats that have been approved by the county as of October 24, 2007. (P)

2. A minimum of 912.9 acres shall be provided in park areas, open space, and country club facilities, of which a maximum of 241.96 acres shall be contained within rights of way. (P)

3. Park Areas and General Open Space

A. Uses permitted within park areas and open space shall be limited following:

i. Rights of way, as identified in condition 2 above.

ii. Naturally vegetated and landscaped areas.

iii. Active and passive recreational uses primarily serving the surrounding residential community, including, but not limited to, walking and biking paths, playgrounds, golf course, pools, tennis courts, social, recreational, and community buildings, picnic shelters and nature interpretative areas.

iv. Temporary activities and events such as art shows, annual celebrations special outings that support the recreational nature of open space. (P)

(Note: This condition supersedes Exhibit B, Section 1, Subsection f, Paragraph A, Subparagraphs 1-7, Chart III and Exhibit M of Case 74SN0021.)

4. Country Club:

A. The Country Club shall be restricted to tract 713.

B. Uses permitted on tract 713 shall be limited to the following:

i. Rights of way, as identified in condition 2 above

ii. Naturally vegetated and landscaped areas.

iii. Active and passive recreational uses primarily serving the surrounding residential community, including, but not limited to, walking and biking paths, playgrounds, pools, tennis courts, and golf course area that is within the tract.

iv. Included within the country club: social, recreational and community buildings, pro shop, restaurant, child care facilities, exercise room and associated lockers and showers. (P)

5. Any site plan for development to be located in the areas governed by conditions 3 and 4 shall be submitted for review and approval by the Planning Commission. (P)

(Note: This condition supersedes Exhibit B, Section 1, Subsection f, Paragraph C, subparagraphs 1-12, Chart III and Exhibit M of Case 74SN0021.)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

07SN0242

In Dale Magisterial District, ROWE ASSOCIATES, LTD. requests amendment of Conditional Use Planned Development (Case 84S059) and amendment of zoning district map relative to setback 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 1.0-2.5 dwelling units per acre. This request lies in a Residential (R-9) District on 7.0 acres fronting approximately 550 feet on the north line of Cogbill Road approximately 1,030 feet east of Ironstone Drive. Tax ID 774-682-1361.

Mr. Turner presented a summary of Case 07SN0242 and stated the Planning Commission recommended approval, subject to one condition. He further stated staff recommended approval, subject to the Board determining that the proposed setbacks are superior to those required by the existing zoning.

In response to Mr. Miller’s question, Mr. Turner stated, under the Board’s policy, the applicant would be subject to cash proffers unless he demonstrates that something of higher value is being offered to offset the impact. He further stated staff recommends approval, if the Board believes that the setbacks are superior to those required by the existing zoning.

Mr. Miller stated the setbacks are increasing.

Ms. Kristen Keatley, representing the applicant, stated the Planning Commission’s recommendation is acceptable.

Mr. Miller called for public comment.

No one came forward to speak to the request.

On motion of Mr. Miller, seconded by Mr. King, the Board approved Case 07SN0242, subject to the following condition:

Side yards shall comply with the requirements of the Zoning Ordinance for Residential (R-9) Districts. (P)

(Notes: A. With the approval of this request, Condition 3.b. of Case 84S059 is deleted for that parcel of the property which is the subject of the request.

1. All other conditions of zoning approval for Cases 84S059 and 96SN0286 remain in affect.)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

07SN0379

In Matoaca Magisterial District, WINDSWEPT DEV., LLC AND WESTERLEIGH, LLC request rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) of 1.7 acres plus Conditional Use to permit recreation facilities on this parcel and an adjacent 0.5 acre parcel zoned Residential (R-12). 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 2.2 acres lying at the western terminus of Broadmoore Road. Tax IDs 707-682-Part of 6721 and 708-682-3558.

Mr. Turner presented a summary of Case 07SN0379 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions.

Mr. Bob Schaffer, representing the applicant, stated the recommendation is acceptable.

Mr. Miller called for public comment.

No one came forward to speak to the request.

On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board approved Case 07SN0379 and accepted the following proffered conditions:

The Owners for themselves and their successors or assigns (the “Developer”) in this conditional use permit and zoning case, pursuant to the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, proffer that the use of property with Chesterfield County Tax Identification Number 708-682-3558-00000 (Parcel A, currently zoned “A”), and a part of property with Chesterfield County Tax Identification Number 707-682-6721-00000 (Parcel B currently zoned “R-12”) will be in accordance with the following conditions if, and only if, the rezoning request to R-12 with the conditional use (CU) to allow recreation facilities serving the surrounding community of Westerleigh on Parcel A and the same conditional use for Parcel B is granted. In the event the request is denied or approved with conditions not agreed to by the Owner, the proffers and conditions shall immediately be null and void and of no further force or effect.

1. Utilities: The public wastewater systems shall be used. (U)

2. Timbering. Except for 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 devices have been installed. (EE)

3. Buffers. A fifty (50) foot buffer shall be provided along the perimeter of all active recreational facilities except where adjacent to any existing or proposed public roads. A forty (40) foot buffer shall be provided along the perimeter of playground areas except where adjacent to any existing or proposed public roads. These buffers shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers and shall be inclusive of required setbacks. (P)

4. Recreational Uses. Active and passive recreation areas shall be provided on the property defined in this application.

A. The following setback criteria shall apply to outdoor play fields, courts, swimming pools and similar active recreational areas

(i) With the exception of playground areas which accommodate swings, jungle gyms or similar such facilities, all active play fields, courts, swimming pools or similar active recreational facilities which could accommodate organized sports such as football, soccer, basketball, etc., 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 the development of indoor facilities and/or parking within this setback.

(ii) Any playground areas (i.e., areas accommodating swings, jungle gyms or similar such facilities) shall be set back a minimum of forty (40) feet from any proposed or existing single family residential lot line and from any existing or proposed public road.

(iii) Outside public address systems or speakers shall not be used between the hours of 11:00 p.m. and 8:00 a.m. and shall only be used in conjunction with a swimming pool. (P)

5. Uses on Parcel A shall be limited to community recreational facilities. (P)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

07SN0381

In Matoaca Magisterial District, VIRGINIA MAZZA requests amendment to Conditional Use (Case 90SN0225) and amendment of zoning district map to permit the transfer of operating rights for a swimming pool contractor sales and storage business. 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 unit per acre or less. This request lies in an Agricultural (A) District on 10.0 acres lying approximately 700 feet off the east line of Little Road measured from a point approximately 1,800 feet north of Pickhurst Court. Tax ID 775-614-Part of 8471.

Mr. Turner presented a summary of Case 07SN0381 and stated the Planning Commission recommended approval and acceptance of one proffered condition.

Mr. John Mazza, representing the applicant, stated the recommendation is acceptable.

Mr. Miller called for public comment.

On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved Case 07SN0381 and accepted the following proffered condition:

This Conditional Use shall be granted to and for Virginia Mazza, John V. Mazza, Jr., Victoria Mazza Parks and their immediate family members, exclusively, and shall not be transferable nor run with the land. Immediate family members are defined as any person who is a natural or legally defined offspring, spouse or grandchild of Virginia Mazza, John V. Mazza, Jr. or Victoria Mazza Parks. (P)

(NOTE: This Condition supersedes Condition 1 of Case 90SN0225. All other conditions of Case 90SN0225 remain in effect.)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

07SN0383

In Bermuda Magisterial District, ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD requests amendment of Conditional Use Planned Development (Case 96SN0203) and amendment of zoning district map relative to building height and buffers. 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 in a General Industrial (I-2) District 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.

Mr. Turner presented a summary of Case 07SN0383 and stated the Planning Commission and staff recommended approval, subject to one condition.

Mr. John Easter, representing the applicant, stated this is an important case to enhance the Meadowville Technology Park and economic development opportunities. He further stated he has met with the neighbors and they are in agreement with the amendments.

Mr. Miller called for public comment.

Mr. Theobold, representing Mr. Bill Sloan, stated that Mr. Sloan is not opposed to the request, but he has been involved in discussions concerning an alternate sewer route.

There being no one else to speak to the request, the public hearing was closed.

In response to Mr. King’s question, Mr. Easter stated the applicant has spent a lot of time with neighbors explaining the economic development benefits of the proposal. He further stated the neighbors are concerned about preserving the existing woods, indicating that the applicant has agreed to maintain a width of 150 feet.

Mr. King stated that he wants it to be on record that the applicant will preserve the wooded area.

On motion of Mr. King, seconded by Mr. Warren, the Board approved Case 07SN0383, subject to the following condition:

The Amendments to the Textual Statement for Case 96SN0203 dated October 16, 2007, shall be approved. (P)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

08SN0104

In Dale Magisterial District, OAK GROVE BAPTIST CHURCH requests Conditional Use and amendment of zoning district map to permit a private school in a Residential (R-7) 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 2.51-4.0 dwelling units per acre. This request lies on 5.3 acres fronting approximately 600 feet on the south line of Beulah Road approximately 450 feet east of Meadowburm Drive. Tax IDs 784-680-5166 and 7084.

Mr. Turner presented a summary of Case 08SN0104 and stated the Planning Commission and staff recommended approval, subject to conditions and acceptance of the proffered conditions.

In response to Mr. Miller’s question, Mr. Turner clarified that the school would only be in conjunction with the church use.

Mr. Andy Rist, representing the applicant, stated the recommendation is acceptable.

Mr. Miller called for public comment.

No one came forward to speak to the request.

On motion of Mr. Miller, seconded by Mr. King, the Board approved Case 08SN0104, subject to the following conditions:

1. The operation of the private school use shall be in conjunction with a church use on the property. (P)

2. Except where the requirements of the underlying Agricultural (A) zoning are more restrictive, any new development for the school use shall conform to the requirements of the Zoning Ordinance for Corporate Office (O-2) uses in Emerging Growth Areas. (P)

3. The following setback criteria shall apply to any outdoor play fields, courts, swimming pools and similar active recreational areas:

a. With the exception of playground areas which accommodate swings, jungle gyms or similar such facilities, all active play fields, courts, swimming pools or similar active recreational facilities which could accommodate organized sports such as football, soccer, basketball, etc., shall be located a minimum of 100 feet from adjacent properties. Within this setback, existing vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the standards for fifty (50) buffers in the Zoning Ordinance.

b. If active play fields, courts, swimming pools and similar active recreational areas are set back more than 100 feet from the adjacent properties, the landscaping or other design features described in Condition 3.a may be modified by the Planning Department at the time of site plan review. Such modification shall accomplish mitigation of the visual and noise impacts that sports or related activities have on adjacent properties equivalent to the 100 foot setback/landscaping requirements described in Condition 3.a.

c. Any playground areas (swings, jungle gyms or similar such facilities) shall be set back a minimum of forty (40) feet from all property lines. (P)

And, further, the Board accepted the following proffered conditions:

1. Prior to any site plan approval or within ninety (90) days of approval of this request, whichever occurs first, thirty-five (35) feet of right of way from center line of Beulah Road along the south side of Beulah Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T)

2. Direct vehicular access from the property to Beulah Road shall be limited to two (2) entrance/exits. The exact location of these entrance/exits shall be approved by the Transportation Department. (T)

3. Any private school uses shall not be open to the public before 9:00am and/or after 4:00pm. (T)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

08SN0108

In Matoaca Magisterial District, DEBONAIR ACRES, LLC requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-88). Residential use of up to 0.5 unit per acre is permitted in a Residential (R-88) District. 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 23.9 acres fronting approximately 490 feet on the south line of Graves Road approximately 3,270 feet southwest of Hickory Road. Tax IDs 767-619-5626 and 7931.

Mr. Turner presented a summary of Case 08SN0108 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions.

Mrs. Carrie Coyer, representing the applicant, stated the recommendation is acceptable.

Mr. Miller called for public comment.

No one came forward to speak to the request.

On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board approved Case 08SN0108 and accepted the following proffered conditions:

The Contract Purchaser-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 themselves and their successors or assigns, proffer that the development of the property known as Chesterfield County Tax Ids 767-619-5626 and 767-619-7931, subject to the following conditions if, and only if, the rezoning requests for R-88 as set forth in the above heading and the application filed herein is granted. In the event the request is denied or approved with conditions not agreed to by the Contract Purchaser-Applicant, these proffers and conditions shall be immediately null and void and of no further force or effect.

1. 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 erosion devices have been installed. (EE)

2. Utilities: The property shall be incorporated within the Overall Water System Plan as stated in Proffered Condition 2 of Zoning Case 07SN0342 to insure the uniformity of the utility conditions for all of the properties. (U)

3. Cash Proffer. The applicant, subdivider, or assignee(s) (the “Applicant”) shall pay the following to the County of Chesterfield prior to the issuance of a building permit for each dwelling unit for infrastructure improvements within the service district for the property:

a. $15,600 per dwelling unit if paid prior to July 1, 2007. At the time of payment, the $15,600 will be allocated pro-rata among the facility costs as follows: $5,331 for schools, $602 for parks and recreation, $348 for library facilities, $8,915 for roads, and $404 for fire stations; or

b. The amount approved by the Board of Supervisors not to exceed $15,600 per dwelling unit prorated as set forth above and 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.

c. If, upon the mutual agreement of the Transportation Department and the Applicant, the Applicant provides road improvements (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.

d. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B&M)

4. Dedication.

In conjunction with recordation of the initial subdivision plat, prior to any site plan approval or within sixty (60) days from the date of a written request by the Transportation Department, whichever occurs first, thirty-five (35) feet of right-of-way on the south side of Graves Road, measured from the centerline of that part of Graves Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T)

5. Vehicular Access. Direct vehicular access from the property to Graves Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. (T)

6. Road Improvements.

The developer shall provide the following road improvements with initial development of the property:

A) Construct additional pavement along Graves Road at the approved access to provide left and right turn lanes.

B) Dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the road improvements identified in this Proffered Condition. In the event the developer is unable to acquire the “off-site” right-of-way necessary for these road improvements, the developer may request, in writing, the county to acquire such right-of-way as a public road improvement. All costs associated with the acquisition of the right-of-way shall be borne by the developer. In the event the county chooses not to assist the developer in acquisition of the "off-site" right-of-way, the developer shall be relieved of the obligation to acquire the "off-site" right-of-way, and shall only provide the road improvements that can be accommodated within available right-of-way, as determined by the Transportation Department. (T)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

08SN0113

In Clover Hill Magisterial District, JEMI S. HODGE requests rezoning and amendment of zoning district map from Light Industrial (I-1) 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 light industrial use. This request lies on 1.4 acres and is known as 10910 Southlake Court. Tax ID 744-708-0657.

Mr. Turner presented a summary of Case 08SN0113 and stated the Planning Commission and staff recommended approval.

Ms. Jemi Hodge stated the recommendation is acceptable.

Mr. Miller called for public comment.

No one came forward to speak to the request.

On motion of Mr. Warren, seconded by Mr. Sowder, the Board approved Case 08SN0113.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

08SN0130

In Matoaca Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS 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 mixed use corridor use and residential use of 2.0 units per acre or less. This request lies in an Agricultural (A) District on 87.2 acres fronting approximately 450 feet on the north line of Cosby Road approximately 620 feet west of Fox Club Parkway; also fronting in two (2) places approximately 1,760 feet on the west line of Fox Club Parkway approximately 600 feet north of Cosby road. Tax ID 714-672-8571.

Mr. Turner presented a summary of Case 08SN0130 and stated the Planning Commission and staff recommended approval, subject to one condition. He noted that he has served as the Board’s agent on this request.

Mr. Miller called for public comment.

No one came to speak on the request.

On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved Case 08SN0130, subject to the following condition:

In addition to Ordinance requirements, any computer-controlled, variable message, electronic sign shall conform to the following standards:

a. Copy shall be limited to a maximum of two (2) 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 twenty-four (24) hours;

c. The copy display color shall either be white or yellow;

d. Flashing and traveling messages shall be prohibited; and

e. Bijou lighting and animations effects shall be prohibited. (P)

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

07SN0157

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.

Ms. Jane Peterson stated on October 23, 2007, the applicant submitted revised and new proffered conditions addressing the water quality goals of the recently adopted Upper Swift Creek Plan and limited development density consistent with the traffic impact analysis. She further stated the proposed development would not only have a significant impact on the roads adjacent to, and in the immediate vicinity of, the site; but would also have a dramatic impact on the surrounding road network. She stated the proffered conditions would require minimal road improvements, such as turn lanes, traffic signalization, and some road widening, and are significantly inadequate in addressing the impact of such a large development.

Mr. Jim Theobold, representing the applicant, stated 107 of the 178 acres included in this request will be used for a lifestyle center; approximately 71 acres for owner-occupied town homes or single-family detached cluster development, with the possibility of a few acres of neighborhood retail in the corner of the property. He further stated approximately 7.2 acres of this site is already zoned, unrestricted C-5. He stated the site is very strategically located at the northwest corner of Otterdale Road and Route 360 between development to the east and Magnolia Green to the west indicating that the development will provide the potential missing link for infrastructure, including the extension of water lines from Fox Club Parkway. He further stated the applicant has agreed to dedicate a county water tank site, provide road improvements along Route 360 in front of the subject property, as well as provide 2700 additional linear feet of pavement along Route 360 for a third lane from the subject property to Fox Club Parkway plus an additional 800 feet to the west. He stated the applicant has agreed to construct an east-west connector that will ultimately connect with Magnolia Green. He continued to provide details of the various proffered conditions. He stated the amended Upper Swift Creek Plan suggests that regional mixed-use development is appropriate at this most significant intersection. He further stated since the Planning Commission considered this request, the land use plan has been amended; the new water quality language has been adopted; and the applicant has submitted additional proffered conditions. He provided details of the road improvements proposed by the applicant and requested the Board’s approval of the proposed development.

Ms. Shirley Dillar stated she thinks this is a wonderful plan, but is concerned about the water quality issues.

On motion of Mrs. Humphrey, seconded by Mr. King, the Board suspended its rule to allow for the additional and amended proffered conditions.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.

Mr. McCracken stated he does not support the request and would like to see the building permits restricted until the road improvements are completed. He further stated he does not think the 900,000 square foot retail site should be developed on Otterdale and Woolridge Roads until the necessary road improvements are in place.

In response to Mr. Miller’s question, Mr. McCracken stated the proposed development would generate approximately 29,000 vehicles a day with huge impacts on the area. He further stated an eastbound lane plus additional lanes east and west of this site are necessary to handle the traffic. He stated he does not believe it would be wise for the county to approve a development that will result in congestion similar to that that occurs on a city street.

In response to Mr. Sowder’s question, Mr. McCracken stated the proposed development is similar in size to the Chesterfield Towne Center.

In response to Mr. Sowder’s question, Mr. Phelps stated sites have been identified within Magnolia Green for a water tank, but the more suitable location is on the Otterdale Venture property. He further stated if the case is not approved, staff will be looking for a water tower site in Magnolia Green. He stated the water line along Route 360 is probably already under design by Magnolia Green and will most likely be constructed regardless of whether or not this case is approved.

In response to Mr. Miller’s question, Ms. Peterson stated transportation is the only remaining issue.

In response to Mrs. Humphrey’s questions, Mr. Theobold stated the applicant is requesting to keep the existing median in front of the Bailey parcel and will put a traffic signal there. He further stated the applicant’s consultant believes that adding pavement on westbound lanes would benefit the subject property. He stated the county will require improvements to Woolridge and Otterdale Roads, and if this case is approved, a mile of an additional through lane will be constructed along Route 360.

Mrs. Humphrey stated there is no doubt the county would like the Magnolia Green CDA and roads in place.

Discussion ensued relative to the timeframe for construction of road improvements as a result of the Magnolia Green CDA.

Mrs. Humphrey stated the applicant has agreed to substantial improvements on Hull Street, and she believes that this is a worthy alternative if the CDA has not improved Otterdale Road, then Hull Street has been improved to the point of being acceptable to this piece of property. She further stated the turning lanes are more critical for east bound traffic to access either Otterdale Road or this site; however VDOT designs it, noting that she is comfortable with what the applicant is proposing to do.

Mr. Warren stated the Planning Commission and staff are not comfortable with this because it does not meet transportation needs, indicating that he will not support the case in its current form.

Mr. Sowder stated he is concerned with the major traffic issues pointed out by Mr. McCracken and could not supp