Legal Notices

PUBLIC NOTICE Take notice that the Board of Supervisors of Chesterfield County, Virginia, at a regular scheduled meeting on October 10, 2007, at 6:30 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Rt. 10 and Lori Road, Chesterfield, Virginia, will hold a public hearing where persons affected may appear and present their views to consider:

Comprehensive Plan Amendments:

The Upper Swift Creek Plan amendment, an amendment to The Upper Swift Creek Plan and the Thoroughfare Plan, parts of The Plan For Chesterfield. After a public hearing, the Board may make changes to the proposed Plan.

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.

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. Once the Upper Swift Creek Plan amendment is adopted, it will replace most of the Upper Swift Creek Plan (adopted in 1991 and amended in 2000). 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. The Upper Swift Creek Plan amendment is an update and a refinement of the current adopted Upper Swift Creek Plan. Major land use recommendations include: a deferred growth area in the westernmost portion of the Plan geography; regional mixed uses and employment center uses adjacent to existing and anticipated major interchanges; community mixed uses at existing and anticipated arterial road intersections; employment center uses, regional mixed uses; general business mixed uses, community mixed uses and office/residential mixed uses along Route 360; conservation/recreation uses along area streams; residential uses of 2.0 units per acre or less for other areas of the Plan geography that drain to Swift Creek Reservoir; and residential uses of 2.2 units per acre or less for other areas that drain away from the reservoir.

Other major recommendations include: ordinance amendments to prohibit expansion of public water and wastewater systems for uses within the deferred growth area; ordinance amendments to require mandatory connection to the public water and wastewater systems for most types of development outside the deferred growth area; consideration of various clustering, conservation/subdivision, traditional neighborhood design and rural residential subdivision options as new ordinance categories; encouraging new residential zoning with sole access through an existing or planned subdivision to meet or exceed the average lot size of, and have a density equal to or less than, the existing subdivision; encouraging preservation of historic structures and sites by allowing adaptive reuse; ordinance amendments to increase buff ering along arterial roads in order to ensure that new residential developments along forested corridors preserve existing forested vistas adjacent to, but outside the ultimate rights of way, of area roads; identification of conservation/recreation corridors; discouraging residential and retail commercial development, other than retail and service uses that serve primarily surrounding employment center uses, from employment generating areas; encourage higher density and office uses between lower density residential development and commercial and higher intensity employment generating uses.

Transportation recommendations include: (1) increasing the recommended rightof way width on the proposed North/ South Major Arterial ("Woolridge Road Extended") between Route 288 and the proposed East/West Major Arterial just south of Powhite Parkway Extended, from 90 to 120 feet; (2) increasing the recommended right-of-way width on the proposed East/West Major Arterial north of Hull Street Road, connecting Otterdale Road and a large planned development (Magnolia Green), from 70 to 90 feet; (3) decreasing the recommended right-of-way width of Watermill Parkway, from 90 to 70 feet; (4) deleting the proposed interchange on Route 288 south of the Genito Road overpass, and the East/West Major Arterial connecting the interchange to Old Hundred Road to the west, and to Warbro Road to the east; (5) deleting Hensley Road between Spring Run Road and Springford Parkway; (6) deleting the proposed East/ West Collector connecting Otterdale Road with Fox Club Parkway; (7) deleting the proposed East/West Major Arterial connecting Winterpock Road to Spring Run Road just south of Hull Street Road, and replacing it by adding McEnnally Road between Winterpock Road and Spring Run Road as a 90 foot Major Arterial; (8) deleting the proposed North/South Major Arterial that extends west from Otterdale Road north of Genito Road, crosses Powhite Parkway Extended, and connects to the proposed East/West Major Arterial; (9) realigning the western section of the proposed East/West Major Arterial that currently aligns with Lacy Farm Road to the north, closer to the Norfolk Southern railroad line; (10) realigning Powhite Parkway Extended and the proposed interchange in the Genito Road area; (11) realigning the intersection of the eastern end of Mount Hermon Road with the proposed North/South Major Arterial; (12) realigning the East/West Major Arterial connecting Otterdale Road Extended with Winterpock Road further to the north, and deleting the southern section of the North/ South Arterial connecting this road with Beach Road; (13) realigning Mount Hermon Road north of Genito Road, and Mount Hermon Road Extended south of Genito Road; (14) changes in the road network based on Magnolia Green development that include; (a) adding a proposed 70 foot North/South Collector connecting Duval Road west of Otterdale Road with the proposed East/West Arterial to the north; (b) shift ing the alignment of the proposed Powhite Parkway; (c) relocating the proposed interchange on Duval Road to the proposed east/west major arterial and; (d) realigning other planned roads within Magnolia Green; (15) adding Ledo Road as a 70 foot Collector; (16) providing culde sacs on Otterdale Road at the Powhite Parkway Extension. Other transportation recommendations include: (1) continuing zoning and development review practices that encourage development proposals to conform to the Thoroughfare Plan with respect to the construction of road improvements and the dedication of right-of-way (2) continuing zoning and development review practices to encourage development proposals that include mitigation of their traffic impacts by providing road improvements and controlling the number of direct accesses to major arterial and collector roads (3) continuing to consider incorporating bicycle facilities.

Water quality recommendations include: promoting land uses and development standards that are consistent with the protection of critical natural systems within watershed, and that will facilitate maintenance of state water quality standards for area streams and Swift Creek Reservoir, by adoption of a land use plan that is projected to result in future development that will have less of a water quality impact than the current Upper Swift Creek Plan (adopted in 1991 and amended in 2000); protect and preserve critical natural systems and areas within the Upper Swift Creek watershed by; (1) maintaining GIS layers identifying the location of critical systems (2) evaluating these systems and identifying those that are more critical for water protection or would benefit from rehabilitation and (3) mitigating for loss of resources within the watershed where impacts occur; developing measures to ensure that new development reduces the impacts to wetlands and streams and that the day-to-day activities of both residential and commercial uses lessen their impact on the important resources; improve, restore and prevent further degradation of those resources that are already degraded by actively pursuing compensatory mitigation projects for streams and wetlands, by funding stream and wetland restoration, and by directing funds and potential grant funding to buff er areas where water quality would benefit the most from buff er enhancement; maintaining biological and habitat diversity by promoting habitat connectivity and by protecting undisturbed land corridors between watersheds and sub-watersheds within the Swift Creek Reservoir Watershed through preservation of natural areas within and between residential developments to help maintain connectivity, and by developing and implementing educational efforts and enhancement of stewardship conservational roles on the part of the homeowners to help the county promote natural diversity and maintain connectivity of habitats; minimizing stormwater runoff through construction site design and site control by (1) implementing and enforcing of erosion and sediment controls (2) developing additional measures that exceed the state minimum standards for development, to include VDOT road projects, to ensure protection of water quality when a project is near or adjacent to sensitive resource features or water bodies and (3) monitoring watershed tributaries during storm flows to assess the need for additional measures; minimize the environmental impact of improvements by promoting and encouraging new development standards for new development and redevelopment, such as Low Impact Development (LID), new bioretention, stormwater infiltration, stormwater treatment, and site design practices, minimizing clearing and grading, site designs and containment structures that allow for pollution prevention and spill contingency, remediation or interception of pollutants, and tree save, preservation and planting strategies; promoting citizen's group participation and education to aid in the protection of the Swift Creek Watershed by developing and distributing educational information and by sponsoring local watershed clean-up initiatives; promoting watershed awareness and stewardship of residents, community associations, businesses and visitors through education programs, recreational opportunities, and participatory watershed activities.

The revised Plan amendment also provides that commercial uses are appropriate for properties located on the south side of Route 360 between Route 288 and Winterpock Road between the AT&T Easement and Route 360 provided there is a buff er between commercial and residential uses. The revised Plan amendment also includes provisions relating to level of service standards for roads and public schools.

Associated Ordinance Amendments:

An ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and re-enacting Sections 19-520, 19-522 and 19-523 of the Zoning Ordinance relating to buff ers. Specifically, this amendment would: (i) include preservation of existing forested vistas adjacent to arterial roads within the stated purpose and intent of buff er requirements, (ii) establish a 200-foot buff er requirement category consisting of an unbroken strip of open space planted at three times the density of perimeter landscaping "C" of the Zoning Ordinance and (iii) establish within the Zoning Ordinance separate standards for the width of required buff ers adjacent to streets for Residential (R) and Residential Town House (R-TH) zoned properties. These proposed street buff er standards are equal to the current standards of the Subdivision Ordinance, except that within the Upper Swift Creek Plan Area the 200 foot buff er will be required along arterial streets for R and R-TH properties.

An ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and re-enacting Sections 17-62, 17-70 and 17-83 of the Subdivision Ordinance relating to buff ers within the Upper Swift Creek Plan amendment geography. Specifically, this amendment would establish in the Subdivision Ordinance a 200-foot buff er requirement along arterial streets, as described in the proposed ordinance amendments above, within the geography of the Upper Swift Creek Plan amendment area and, also, would allow for certain utility and other easements to run parallel within the buff er under certain conditions.

An ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and re-enacting Sections 17- 72 and 17-84 of the Subdivision Ordinance and Sections 18-63 and 18-64 of the Utility Ordinance relating to mandatory sewer and water connections within portions of the Upper Swift Creek Plan amendment geography. Specifically, this amendment would require connection to the county's water and wastewater supply systems when, with certain exceptions, a lot or structure is located within Upper Swift Creek Plan amendment geography and suggested for any use other than Deferred Growth.

An ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by enacting Sections 17-72.1 of the Subdivision Ordinance and Sections 18- 64.1 and 18-64.2 of the Utility Ordinance relating to utilities within portions of the Upper Swift Creek Plan amendment geography. Specifically, for structures located within the Upper Swift Creek Plan amendment geography and suggested for Deferred Growth, these amendments would prohibit connection to (i) the county's water and wastewater supply systems, (ii) any non-governmental public water and wastewater systems, (iii) any private water supply system designed to serve more than one lot and (iv) any private wastewater supply system designed to serve more than one lot.

An ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and re-enacting Section 19- 238 of the Zoning Ordinance relating to water quality in the Upper Swift Creek Watershed. Specifically, this amendment would require that the post-development total phosphorus load for all land uses within the watershed, except agricultural practices, shall not exceed 0.16 pounds per acre per year. Vested developments would not be affected.

For further information, contact Jimmy Bowling at 748-1086 or bowlingj@ chesterfield.gov. For information about water quality proposals, contact Dick McElfish at 748-1038.

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

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 (1st Floor), Chesterfield, Virginia, for public examination between the hours of 8:30 a. m. and 5:00 p. m. of each regular business day. Detailed information is available in the Planning Department and on the Planning Department Internet site. The hearing is held at a public facility designed to be accessible to persons with disabilities. Any persons with questions on the accessibility of the facility or need for reasonable accommodations should contact Lisa Elko, Clerk to the board, at 748-1200. Persons needing interpreter services for the deaf must notify the Clerk to the Board no later than Friday, October 5, 2007.

TAKE NOTICE That on October 10, 2007, at 6:30 p.m. or as soon thereaft er as may be heard, the Board of Supervisors of Chesterfield County at its regular meeting place in the Public Meeting Room of Chesterfield County, Virginia, will consider the following ordinance for adoption: AN ORDINANCE to vacate an 8' easement across Lot 164, Eagle Cove, Section 3, as shown on a plat by Charles C. Townes and Associates, P.C., dated September 2, 1987, recorded December 31, 1987, in the Clerk's Office, Circuit Court, Chesterfield County, Virginia, in Plat Book 55, at Page 100.

The complete text of the proposed ordinance is on file in the office of the Right of Way Manager in Chesterfield County, Virginia, and may be examined by all interested parties between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.

TAKE NOTICE That on October 10, 2007, at 6:30 p.m. or as soon thereaft er as may be heard, the Board of Supervisors of Chesterfield County at its regular meeting place in the Public Meeting Room of Chesterfield County, Virginia, will consider the following ordinance for adoption: AN ORDINANCE to vacate a portion of Lot 16, Map of Lots staked out on property of Harvey Horner, as shown on a plat by W. W. LaPrade and Bros., dated June 1, 1939, recorded August 14, 1940, in the Clerk's Office, Circuit Court, Chesterfield County, Virginia, in Deed Book 259, at Page 134.

The complete text of the proposed ordinance is on file in the office of the Right of Way Manager in Chesterfield County, Virginia, and may be examined by all interested parties between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.

PUBLIC NOTICE The Board of Zoning Appeals of Chesterfield County, on Wednesday, October 3, 2007, beginning at 1:00 p. m., in the Public Meeting Room at the Chesterfield County Administration Building, Chesterfield, Virginia, will consider the following requests:

08AN0117: In Matoaca Magisterial District, KEVIN AND ADELE JUDSON request a Special Exception to park a temporary manufactured home in an Agricultural (A) District and amendment of zoning district map. The density of such amendment is approximately 0.18 unit per acre. The Comprehensive Plan suggests the property is appropriate for rural conservation use. This property is known as 12841 River Road. Tax ID 735-640-1525.

08AN0109: In Bermuda Magisterial District, TRAVIS AND SHERRY WRIGHT request a Variance to use a parcel of land which fronts on a dedicated but unimproved public road for dwelling purposes in an Agricultural (A) District and amendment of zoning district map. The density of such amendment is approximately 0.71 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1-5 acre lots. This property is known as 12401 Lewis Road. Tax ID 775-649-4458.

08AN0103: In Bermuda Magisterial District, R. E. DEANS, JR. requests a Special Exception to permit the keeping of six (6) adult dogs in a Manufactured or Mobile Home Subdivision (MH-2) 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 community commercial/ mixed use corridor. This property is known as 2010 Swift Bluff Drive. Tax ID 802-629-9066.

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 Take notice that the Board of Supervisors of Chesterfield County, Virginia, at a regular scheduled meeting on October 10, 2007, at 6:30 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Rt. 10 and Lori Road, Chesterfield, Virginia, will hold a public hearing where persons affected may appear and present their views to consider:

An Ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting Sections 19-5, 19-6, 19-24, 19-25 and 19-301 of the Zoning Ordinance relating to Substantial Accord Determinations. This amendment will require a public hearing for substantial accord determinations. After the public hearing, appropriate changes or corrections may be made to the proposed amendments.

A copy of the ordinance is on file in the County Administrator's Office and the Clerk to the Board's Office (Room 504) at the Chesterfield County Administration Building, Chesterfield, Virginia, for public examination between the hours of 8:30 a.m. and 5:00 p.m. If further information is needed, please contact the Ms. Beverly Rogers at 748-1048 between the hours of 8:30 a.m. and 5:00 p.m.

The hearing is held at a public facility designed to be accessible to persons with disabilities. Any persons with questions on the accessibility of the facility or need for reasonable accommodations should contact Lisa Elko, Clerk to the board, at 748-1200. Persons needing interpreter services for the deaf must notify the Clerk to the Board no later than Friday, October 5, 2007.