LINKS
2008-05-28 / Legal Notices

Legal Notices

CHESTERFIELD COUNTY, VIRGINIA PLANNING COMMISSION AGENDA AND PUBLIC NOTICE

Tuesday June 3, 2008

NOTE: The 2 symbol indicates that an attachment accompanies the agenda item. These attachments are generally available the second or first Wednesday prior to the Planning Commission meeting, depending upon their release date. Any subsequent changes to this agenda prior to the date of the meeting, and more detailed information regarding agenda items can be found at www.chesterfield.gov/plan, or by calling the Planning Department at 804-748-1050 during regular business hours, 8:30 a.m. to 5:00 p.m. Monday through Friday. 7:00 p. m. PUBLIC MEETING AND HEARING - PUBLIC MEETING ROOM, CHESTERFIELD COUNTY ADMINISTRATION BUILDING. (IF ALL ITEMS CANNOT BE COMPLETED ON TUESDAY JUNE 3, 2008, THE MEETING WILL BE RECESSED TO THURSDAY, JUNE 5, 2008, AT 7:00 P.M. IN THE PUBLIC MEETING ROOM.) I. Invocation. II. Pledge of Allegiance to the Flag of United States of America. III. Requests to Postpone Action, Emergency Additions or Changes in the Order of Presentation. IV. Review Meeting Procedures. V. Citizen Comment on Unscheduled Matters Involving the Services, Policies and Affairs of the County Government regarding Planning or Land Use Issues. Amendment To The Upper Swift Creek Plan Amendment And Amendment To The Thoroughfare Plan. 2

An amendment to the adopted Upper Swift Creek Plan amendment, part of the Plan for Chesterfield, relating to land use and economic development, levels of service for roads, schools, and public safety, and water quality, and an amendment to the Thoroughfare Plan, part of the Plan for Chesterfield, to include two potential alignments for the Powhite Parkway Extension where it crosses Genito Road.

The Upper Swift Creek Plan amendment area is generally bounded to the north by properties along Midlothian Turnpike, County Line Road, Mount Hermon Road, Old Hundred Road, Otterdale Road, Charter Colony Parkway, Route 288 and Lucks Lane; to the south by properties along Hull Street Road, Baldwin Creek Road, Beach Road, West Hensley Road, Spring Run Road and Bailey Bridge Road; to the east by properties along Route 288; and to the west by properties along Moseley Road, Genito Road and the Chesterfield County/Powhatan County boundary. This amendment to the Upper Swift Creek Plan amendment, if adopted by the Board of Supervisors, will become part of The Plan for Chesterfield, the County's comprehensive plan. The Plan for Chesterfield is used by County citizens, staff , the Planning Commission and Board of Supervisors as a guide for future decisions affecting the County including, but not limited to, decisions regarding future land use, road networks and zoning actions. The majority of the Plan area is contained within the Matoaca Magisterial District, with small portions of the Plan area located in the Clover Hill and Midlothian Magisterial Districts. The Plan does not rezone land, but suggests Ordinance amendments and other actions. This amendment to the Upper Swift Creek Plan amendment is an update and a refinement of the current adopted Upper Swift Creek Plan amendment.

Proposals for Land Use: Recommendations for areas currently designated for Residential (2.0 or less dwelling units per acre) are as follows: denial of rezoning if it does not adequately mitigate its impact on infrastructure and public facilities; permitting mixed use communities designed to encourage integration of residential, commercial, public and semipublic uses, subject to conditions that promote neighborhood viability; and permitting additional uses that enhance or expand the county's economic base, subject to conditions that mitigate the impacts of such uses on surrounding residential neighborhoods. Recommendations for the entire Plan geography include preserving identified resources from new development through a countywide purchase of development rights program, and adoption a Growth Management Boundary for the western portion of the Upper Swift Creek Plan amendment geography.

Proposals relating to level of service standards for roads: All rezoning applications are expected to pass a test for Adequate Road Facilities. A proposed rezoning does not pass the test for Adequate Road Facilities if the nearest major road and/or existing signalized intersection that will carry the majority of the traffic expected to be generated by the future development on the property proposed to be rezoned will have a Level of Service ("LOS") of "E" or "F". The LOS shall be determined by the Chesterfield Department of Transportation or designee based on current traffic studies and other reliable traffic data. Further, a proposed rezoning will pass the test for Adequate Road Facilities only if roads to be impacted by the proposed development have adequate shoulders, or where roads with inadequate shoulders are carrying, or are projected to carry, less than 4,000 vehicles per day.

Proposals relating to level of service standards for schools: All residential rezoning applications are expected to pass the test for Adequate School Facilities. A proposed residential rezoning will pass the test for Adequate School Facilities if all public elementary, middle and high schools that would serve the future development on the property proposed for residential rezoning currently have adequate capacity to accommodate additional students to be generated by the proposed rezoning. Schools shall be responsible for determining 1) the current enrollment for each school; 2) the capacity of each school; and 3) the anticipated impact of the proposed development based on the maximum number and type of residential dwelling units or lots, including proff ers for limited or delayed development. If any of the applicable public schools which would serve the future residential development on the subject property exceed 120% of capacity at the time of the review of the subject rezoning request, the proposed rezoning does not pass the test for Adequate School Facilities. In addition, the proposed rezoning will not pass the test for Adequate School Facilities if the anticipated enrollment at any school to serve the subject rezoning will exceed 120% of capacity upon the development of 1) the property proposed for rezoning; and 2) all unimproved residential lots in the service area shown on approved preliminary site plans, preliminary subdivision plans and construction plans. When the capacity of any public school in the service area is determined to exceed 120% under the conditions described above, and where such school is expected to be improved so that its capacity will fall below 120% within one year of the date that the Board of Supervisors is scheduled to consider the subject rezoning request, the residential rezoning will pass the test for Adequate School Facilities.

An alternative proposal relating to level of service standards for schools includes: administering the legal attendance requirements; maintaining attendance zones and when necessary, making adjustments to relieve overcrowding of facilities, minimizing disruptions to families and communities whenever possible; building new facilities or additions to existing facilities when no other viable solutions exist to address overcrowding; making facility decisions considering current overcrowding and anticipated future growth; maximizing use of existing space; providing viable instructional alternatives for students and their families; and acquiring sites in advance of development to secure optimal locations and minimize costs.

Proposals relating to level of service standards for Fire and EMS: The level of service indicators for Fire and EMS are response time and response reliability. The level of service indicator used by the department is response time to Priority 1 (life-threatening) incidents for Fire and EMS services. The department's goal is to respond to 90 percent of these incidents in the urban corridor within six (6) minutes. The urban corridor contains at least 90 percent of department's total calls for service, and 90 percent of the county's population. Areas outside of the urban corridor are typically rural areas requiring greater travel time for emergency response.

Proposals with respect to water quality include: future adoption of modifications to post-development phosphorus load standards, if needed; implementing stormwater mitigation and water quality standards applicable at time of subdivision or site plan approval; developing measures to ensure new development and the activities of both residential and commercial uses reduce their impacts on natural systems; requiring a natural resource inventory which identifies resources that may be adversely affected by development; developing regulations to permanently protect natural resources, that minimize land disturbance during construction and that preserve existing vegetation; developing site design standards and practices that minimize land disturbance and impervious cover, and preserve existing vegetation; promoting pollution prevention practices, source control measures and reduction of impervious areas; adopting amendments to promote low impact development planning and practices and promoting retrofits for existing stormwater pollutants loads.

This plan may also consider proposals and recommendations for: adopting a transfer of development rights program or strategy; adopting an affordable housing program or strategy; encouraging clustering within mixed use communities; deferral for the maximum time allowed by law of rezoning if it does not adequately mitigate its impact on infrastructure and public facilities; and identifying measures to ensure that developments along forested corridors preserve existing forested vistas adjacent to, but outside the ultimate rights of way, of area roads.

Discussion may include all of the recommendations listed above. After the public hearing, appropriate changes or corrections may be made to the proposed amendments.

Code Amendments Relative To Protecting Water Quality in the Upper Swift Creek Watershed. 2

A. An Ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and re-enacting Section 8-6 of the Erosion and Sediment Control ("E&S") Ordinance, Sections 17-62 and 17-76 of the Subdivision Ordinance and Sections 19-58, 19-238, 19-301, and 19-514 of the Zoning Ordinance, and adding and enacting Section 19-513.1 of the Zoning Ordinance. The amendments relate to design and water quality standards in the Upper Swift Creek Watershed ("Watershed"), including the use of Low Impact Development ("LID") practices to reduce pollutant run-off and improve water quality of streams and the Swift Creek Reservoir. The Watershed consists of all land in Chesterfield County located upstream of the Swift Creek Reservoir Dam. A summary of the proposed ordinance amendments is set forth below.

The E&S amendments would allow the County to require more stringent E&S measures for development in the Watershed if necessary to protect sensitive environmental features or water resources. The Subdivision amendments would require in the Watershed that (1) all new construction and substantial improvements of residential dwellings be set back at least 35 feet from wetlands, Resource Protection Areas (RPAs) and flood plains with greater than 100 acres of drainage and (2) roadside ditches, instead of curb and gutter, to be used on local subdivision streets where the average lot frontage exceeds 90 feet, curb and gutter can be used in excess of 90 feet if LID is used.

For land within the Watershed, the Zoning Ordinance amendments would, among other things: (1) require non residential structures and accessory buildings to be set back 25 feet from floodplains and environmental features but allow this to be reduced to 5 feet if LID practices are used, (2) require redevelopment sites not served by a water quality Best Management Practice (BMP) to reduce runoff loads of phosphorus and lead by at least 30% and, if currently served by a BMP, by at least 20%, (3) require use of LID practices to achieve required pollutant control in certain instances, (4) clarify that all development, even development found to have certain vested rights, must comply with the Chesapeake Bay Preservation Act requirement of a minimum total phosphorus load of 0.45 pounds per acre, (5) require submission of a Natural Resource Inventory layout showing general location of environmental features that will be used to protect sensitive environmental features in the layout of subdivisions and developments, (6) define "Low Impact Development" and "Transaction Screen" concepts, (7) require a 5% reduction in the minimum number of parking spaces, (8) allow substitution of alternative means of defining pavement edges instead of curb and gutter when LID practices are used, and (9) require parking spaces in excess of minimum requirements to be considered overflow parking which must use pervious surfaces.

Discussion may include all of the recommendations listed above. After the public hearing, appropriate changes or corrections may be made to the proposed amendments.

B. An Ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending Sections 8-1 and 8-2 of the Erosion and Sediment Control Ordinance and Section 19-238 of the Zoning Ordinance and adding Sections 19-240, 19-240.1, 19- 240.2, 19-240.3 and 19-240.4 of the Zoning Ordinance. The amendments relate to development standards and protection of natural resources in the Upper Swift Creek Watershed ("Watershed") which consists of all land in the County located upstream of the Swift Creek Reservoir Dam. A summary of the proposed amendments is set forth below.

The amendments would define "mass grading" as follows: "The process of achieving a desired ground configuration by altering existing ground contours through a process of engineered cutting and filling of soil. Mass grading does not include construction of (i) roads and infrastructure, (ii) individual structures on individual lots in accordance with a sketch plat approved through the building permit process, and (iii) townhouses, condominiums or zero lot line structures that are shown on approved construction plans." For land within the Watershed, the ordinance would: (i) prohibit mass grading for development of non-commercial sites; and (ii) require development of certain sensitive environmental features in residential subdivisions (i.e., Resource Protection Areas, 100 year flood plains where the contributing drainage areas exceeds 100 acres, and wetlands that exceed 1/2 acre) to be located in either common open space maintained by a homeowners association or within a conservation easement outside of a subdivision lot.

In addition, for land within the Watershed, the proposed amendments would provide requirements for the planting and replacement of trees during the development process per the requirements of Va. Code § 15.2-961. The ordinance would provide that trees be preserved, planted or replaced so that within 20 years of development there will be a minimum tree canopy of 10% for sites zoned office, commercial, industrial or residential (zoned 20 or more units per acre), a canopy of 15% for a residential site zoned between 10 and 20 units per acre, and a canopy of 20% for a residential site zoned 10 units or less per acre. The ordinance would also include provisions (i) for reducing canopies or granting credit in consideration of preserving existing trees or trees of outstanding characteristics, (ii) for reasonable exceptions to these requirements, (iii) applicable standards regarding qualifying trees, (iv) penalties for violations equal to the County's penalty for violating the zoning ordinance, and (v) all other matters that may be required by Va. Code § 15.2-961.

Discussion may include all of the recommendations listed above. After the public hearing, appropriate changes or corrections may be made to the proposed amendments.

Public Facilities Plan Amendment.2

An amendment to The Public Facilities Plan, part of the Plan for Chesterfield, the County's Comprehensive Plan which is used by County citizens, staff , Planning Commission and Board of Supervisors as a guide for future decisions affecting the County including public facilities, land use, road networks and zoning actions. The Plan area includes all of the County and provides general criteria for determining the number, location and timing of public facilities including fire and rescue, police, libraries, parks and public recreation, schools, transportation needs, jails, government, county airport, solid waste disposal, waster and wastewater, and telecommunications. The specific text, locations, locational criteria, number of public facilities, and timing criteria set forth in the Plan may be included in the discussion. After the public hearing, appropriate changes or corrections may be made to the proposed amendment.

Discussion may include all of the recommendations listed above. After the public hearing, appropriate changes or corrections may be made to the proposed amendments.

VI. Citizen Comment on Unscheduled Matters Involving the Services, Policies and Affairs of the County Government regarding Planning or Land Use Issues.

VII. Adjournment.

All persons favoring, opposing or interested in the above are invited to appear at the time and place herein stated, and may speak in accordance with Chesterfield County Planning Commission Bylaws and Suggested Practices and Procedures (www. chesterfield.gov/plan). Copies of the above proposals and related information are on file in the County Administrator's Office (Room 505) at the Chesterfield County Administration Building and in the Planning Department at the Chesterfield County Community Development Building, 9800 Government Center Parkway, Chesterfield, Virginia, for public examination during regular business hours, 8:30 a.m. to 5:00 p.m. Monday through Friday.

______________________ Kirkland A. Turner, Director Planning Department

VIRGINIA:

IN THE JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT OF THE COUNTY OF CHESTERFIELD IN RE: Ruby Briana Chenault (D.O.B. 2/10/07) It is ORDERED that WINDY STEELE, natural mother and BRIAN CHENAULT, putative father, and the UNKNOWN FATHER of Ruby Briana Chenault, appear at the Juvenile & Domestic Relations District Court for the County of Chesterfield, Virginia, 7000 Lucy Corr Boulevard, Chesterfield, Virginia 23832 on the 3rd day of September, 2008, at 12:00 p.m. to do whatever is necessary to protect their interests. The object of this suit is to terminate their residual parental rights, including the right of visitation, right to consent to adoption, the responsibility of support and all other rights and responsibilities remaining with them as the natural mother, putative father or unknown father of the child and to obtain the right to place said child for adoption.

Enter: 4/21/08

Bonnie C. Davis, Judge

VIRGINIA:

IN THE CIRCUIT COURT OF THE COUNTY OF CHESTERFIELD Case No. CL08-999 COUNTY OF CHESTERFIELD, VIRGINIA, Petitioner, v. UNKNOWN HEIRS DEVISEES AND SUCCESSORS OF LUCIUS F. ROBINSON, Respondents, and Acquisition of 0.722 acres in fee simple; 0.381 acres in prescriptive right of way; and 0.004 acres for a Dominion Virginia Power easement across the property once owned by Lucius Robinson, Tax Map I.D. 780677185400000, all as shown on three plats by Earth Tech dated December, 2008 (sic) entitled "Beulah Rd. Improvements".

In this proceeding the petitioner seeks to acquire by condemnation easements over a certain parcel of land situated in Chesterfield County, Virginia for the purposes of constructing the Beulah Road Improvement Project and associated utility relocations which are described more particularly in the petition and exhibits attached thereto on file in the office of the clerk of this court, to which reference is hereby made for a full and accurate description thereof; and for the Court or a jury to ascertain just compensation to the owners of any estate or interest in the property to be taken or affected as a result of the taking and use thereof by the petitioner.

For such purposes, the petitioner will present to the Court, sitting at 9500 Courthouse Road, Chesterfield, Virginia 23832, on the 11th day of June, 2008, at 2:30 p.m., or as soon thereaft er as petitioner may be heard, evidence to the Court to ascertain just compensation for the interests taken herein. The County previously entered the property and has completed the work all pursuant to a Certificate of Deposit filed with the Court and recorded in the land records in Deed Book 8192 Page 0200.

And it appearing by affidavit filed according to law that the following owners are not residents of the Commonwealth of Virginia, or their names and addresses are not known and that diligence has been used by and on behalf of the petitioner to ascertain such names and addresses without effect:

Unknown Heirs, Devisees and Successors of Lucius F. Robinson it is ORDERED that the aforesaid owners do appear within 10 days after due publication of this order in the clerk's office of the Circuit Court of the County of Chesterfield and do what is necessary to protect their interests; and it is further ORDERED that if any of the above named owners desires to assert any objection or defense to the taking or damaging of his property or to the jurisdiction of the court to hear the case and to proceed with the empanelment of a jury he shall file his answer and grounds of defense, the grounds of any objection or defense to the taking or damaging of his property or to the jurisdiction of the court to hear the case and to proceed with the empanelment of a jury for the determination of just compensation. Should any such owner fail to file his answer and grounds of defense as hereinabove provided, such failure shall not preclude the owner from appearing on the date set for presenting evidence as to valuation and damage nor from sharing in the award of just compensation according to his interest therein or otherwise protecting his rights, but such failure shall preclude such owner from any other defense by way of pleas in bar, abatement or otherwise. And it is further ORDERED that this Order be posted on the front door of the courthouse within 10 days after the entry of this Order and through the date of this hearing, to be held on June 11, 2008. Enter: 5/7/08 Judge Frederick G. Rockwell, III

PUBLIC NOTICE

The Board of Zoning Appeals of Chesterfield County, on Wednesday, June 4, 2008, beginning at 1:00 p. m., in the Public Meeting Room at the Chesterfield County Administration Building, Chesterfield, Virginia, will consider the following requests:

08AN0205*: In Bermuda Magisterial District, KENNETH H. MUELLER requests a Variance to use a parcel of land which has no public road frontage and fronts on a dedicated but unimproved public road for dwelling purposes in a Residential (R-7) District and amendment of zoning district map. The density of such amendment is approximately 0.37 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.5 units per acre or less. This property is known as 2992 Mountclair Road. Tax ID 796-656-8688. Access will be across Tax ID 796-656-Part of 6171.

08AN0226: In Clover Hill Magisterial District, EQUITY ENDEAVORS, LLC requests a 2.28 foot Variance to the fifty (50) foot road frontage requirement for dwelling purposes in an Agricultural (A) District and amendment of zoning district map. The density of such amendment is approximately 1.18 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1.01 - 2.5 units per acre. This property is known as 7939 Walmsley Boulevard. Tax ID 761- 691-7788.

08AN0228: In Matoaca Magisterial District, ALICE D. HAMILTON requests a Variance to use a parcel of land which has no public road frontage for dwelling purposes in a Residential (R-40) District and amendment of zoning district map. The density of such amendment is approximately 0.025 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1 - 5 acre lots. This property is known as 16210 N. Rhodes Lane. Tax ID 770-628-3946. Access will be across Tax IDs 770-628- part of 8005, part of 8549 and 771-627- part of 1095.

08AN0230: In Matoaca Magisterial District, ALFRED L. LUNDIE, JR., requests a Variance to use a parcel of land which has no public road frontage for dwelling purposes in an Agricultural (A) District and amendment of zoning district map. The density of such amendment is approximately 0.21 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1 - 5 acre lots. This property is known as 4214 Lakeview Road. Tax ID 792-622-1392. Access will be across 792-621- part of 0385, 792-622-part of 1636 and part of 7058.

08AN0233: In Dale Magisterial District, JAMES AND NANCY VERLANDER request a Special Exception to permit the keeping of three (3) dogs in a Residential (R-9) District and amendment of zoning district map. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 - 2.5 units per acre. This property is known as 8612 Pleasant Ridge Road. Tax ID 779- 670-3017. *This case was deferred at a previous session by the Board of Zoning Appeals.

All persons favoring, opposing or interested in the above are invited to appear at the time and place herein stated, and may speak. Copies of the above requests are on file in the County Administrator's Office (Room 505) at the Chesterfield County Administration Building and in the Planning Department at the Chesterfield County Community Development Building, 9800 Government Center Parkway, Chesterfield, Virginia, for public examination during regular business hours, 8:30 a.m. to 5:00 p.m. Monday through Friday. More information about these requests can be found at www.chesterfield.gov/plan.

____________________________ Kirkland A. Turner, Director Planning Department

Public Notice - Environmental Permit

PURPOSE OF NOTICE: To seek public comment on the draft permit from the Department of Environmental Quality that will allow impacts to stream bed and the withdrawal of surface water from Blackman Creek in Chesterfield County, Virginia.

PUBLIC COMMENT PERIOD: May 28,

2008 to 5:00 p.m. on June 26, 2008.

PERMIT NAME: Virginia Water Protection Permit issued by the Department of Environmental Quality, under the authority of the State Water Control Board.

NAME, ADDRESS, AND PERMIT NUMBER OF APPLICANT: Magnolia Green Development, LLC; Attn: Carter McCrowell, Jr.; 6700 Otterdale Road; Moseley, Virginia 23120. Permit Number 08-0260

PROJECT DESCRIPTION: The applicant has applied for a VWP individual permit for withdrawal of surface water for irrigation of the Westham Golf Club at Magnolia Green. The maximum instantaneous withdrawal rate will not exceed 1,000 gallons per minute. The maximum annual withdrawal volumes during the first two growing seasons is 69.5 million gallons. The maximum annual withdrawal volumes following the first two growing seasons is 53.2 million gallons. The permanent withdrawal structure will impact approximately 7 linear feet of stream bed. The proposed activity will affect Blackman Creek which is upstream of Swift Creek Reservoir and is in the James River watershed. The DEQ's preliminary decision is to approve the permit.

HOW TO COMMENT: DEQ accepts comments by e-mail, fax or postal mail. All comments must be in writing and be received by DEQ during the comment period. Written comments must include: 1) The names, mailing addresses and telephone numbers of the person commenting and of all people represented by the citizen. 2) If a public hearing is requested, the reason for holding a hearing, including associated concerns. 3) A brief, informal statement regarding the extent of the interest of the person commenting, including how the operation of the facility or activity affects the citizen. DEQ may hold a public hearing, including another comment period, if public response is significant and there are substantial, disputed issues relevant to the proposed permit. The public may review the draft permit and application at the DEQ office named below.

CONTACT FOR PUBLIC COMMENTS, DOCUMENT REQUESTS AND ADDITIONAL INFORMATION: Name: Jason Ericson; Virginia Dept. of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Richmond, Virginia, 23060; Tel: (804) 527-5008; jpericson@deq.virginia.gov; Fax: (804) 527-5106

Return to top