Legal Notices

CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-25 OF THE ZONING ORDINANCE RELATING TO PLANNING DEPARTMENT FEES (Click Images below to view)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TAKE NOTICE Take notice that the Board of Supervisors of Chesterfield County, Virginia, at an adjourned meeting on Wednesday, June 25, 2008 at 6:30 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Route 10 and Lori Road, Chesterfield, Virginia, will hold a public hearing where persons may appear and present their views concerning:

Amendment to the Upper Swift Creek Plan amendment and amendment to the Thoroughfare Plan

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.

Upper Swift Creek Watershed ordinances

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.

If further information is desired, please contact Mr. James Bowling, Planning Department, at 748-1086, between the hours of 8:30 a.m. to 5:00 p.m. Monday through Friday.

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 the need for reasonable accommodations should contact Janice Blakley, 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, June 20, 2008.

PUBLIC NOTICE The Board of Supervisors of Chesterfield County, on Wednesday, June 25, 2008, beginning at 6:30 p. m., in the Public Meeting Room at the Chesterfield County Administration Building, Chesterfield, Virginia, will consider the following requests:

07SN0341*: In Bermuda Magisterial District, ACQUISITIONS PLUS LLC requests rezoning and amendment of zoning district map from Light Industrial (I-1) and Residential (R-7) to Residential Townhouse (R-TH). Residential use of up to 8.0 units per acre is permitted in a Residential Townhouse (R-TH) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.5-4 units per acre. This request lies on 16.9 acres fronting approximately 920 feet on the north and south lines of Gayland Avenue approximately 600 feet east of Jeff erson Davis Highway. Tax IDs 792-678-1855, 2312, 2756, 3614, 3859, 4762, 5018, 5765, 6322, 6667, 7626, 7770, 8673 and 9532; and 793-678-0077.

08SN0131*: In Matoaca Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS requests Conditional Use and amendment of zoning district map to permit a computercontrolled, 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.

07SN0206: (Amended) In Matoaca Magisterial District, GBS HOLDING LTD requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-15) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. Residential use of up to 2.90 units per acre is permitted in a Residential (R-15) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for single family residential use of 2.0 units per acre or less. This request lies on 38.8 acres fronting approximately 290 feet on the west line of Old Hundred Road approximately 2,900 feet northwest of Otterdale Road. Tax ID 714-698-Part of 3178.

07SN0385: In Matoaca Magisterial District, FIRST COMMONWEALTH SERVICES requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12). Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) 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 2.2 units per acre or less. This request lies on 8.2 acres fronting approximately 270 feet on the east line of Winterpock Road north of Springford Parkway; also fronting approximately 170 feet on the west line of Summercreek Drive across from Summercreek Place. Tax ID 722-661- 8707.

08SN0182: In Matoaca Magisterial District DOGWOOD PARTNERSHIP LLC request amendment to rezoning (Case 99SN0227) and amendment of zoning district map to permit Community Business (C-3) uses and to delete the conceptual plan. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office/residential mixed use uses. This request lies in a Community Business (C-3) District on 3.9 acres fronting approximately 490 feet on the north line of Hull Street Road approximately 60 feet east of Cosby Road. Tax ID 717-671-5331.

08SN0204: In Midlothian Magisterial District, JEFFERSON T. BLACKBURN, D.D.S PC (CCM DEVELOPMENT LLC) requests amendment to Conditional Use Planned Development (Case 86SN0092) and amendment of zoning district map to delete sign condition. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies in a Community Business (C-2) District on 0.5 acres and is known as 2301 Robious Station Circle. Tax ID 739-714-9499.

08SN0214: In Bermuda Magisterial District, REBKEE COMPANY requests amendment to Conditional Use Planned Development (Case 875090) and amendment of zoning district map to permit drive-in window in conjunction with pharmacy use. 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 uses. This request lies in a Neighborhood Business (C-2) District on 11.9 acres located in the northeast quadrant of the intersection of Iron Bridge and Chalkley Roads. Tax IDs 779-653-7767 and 780- 654-Part of 0821.

08RW0365: In Dale Magisterial District, KAHN PROPERTIES SOUTH, L.L.C. requests an exception to Section 19-232 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit encroachment into the Resource Protection Area (RPA) as a result of grading for buildable areas, roads, drives and parking lots. The property is located at 10220 & 10230 Ironbridge Road which is within the Swift Creek drainage basin. Tax IDs 772-661-6210 and 4324.

08RW0379: In Midlothian Magisterial District, CLIFTON M. COGER requests an exception to Section 19-232 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit the encroachment into the Resource Protection Area (RPA) as a result of grading for buildable areas, roads, drives and parking lots. The property is located at 601 Turner Road which is within the Pocoshock Creek drainage basin. Tax ID 763-704-1556.

*These cases were deferred at a previous session by the Board of Supervisors.

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

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TAKE NOTICE Take notice that the Board of Supervisors of Chesterfield County, Virginia, at an adjourned meeting on Wednesday, June 25, 2008 at 6:30 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Route 10 and Lori Road, Chesterfield, Virginia, will hold a public hearing where persons may appear and present their views concerning:

An ordinance to amend County Code Section 14-23 related to the use of alcohol on certain public property.

If further information is desired, please contact Ms. Rebecca Dickson, Deputy County Administrator for Human Services, at 748-1350, between the hours of 8:30 a.m. to 5:00 p.m. Monday through Friday.

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 the need for reasonable accommodations should contact Janice Blakley, 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, June 20, 2008.

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TAKE NOTICE That on June 25, 2008, 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 16' easement and a variable width drainage easement within Newbys Mill Subdivision, as shown on a plat by Balzer and Associates, Inc., dated June 1, 2004, recorded August 9, 2004, in the Clerk's Office, Circuit Court, Chesterfield County, Virginia, in Plat Book 146, at Pages 62 and 63.

The complete text of the proposed ordinance is on file in the office of the Real Property 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.

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TAKE NOTICE That on June 25, 2008, 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 a 50' unimproved right of way known as Elfinwood Road within Lakewood Farms Subdivision, as shown on a plat by Virginia Surveys, dated May 15, 1980, recorded November 14, 1980, in the Clerk's Office, Circuit Court, Chesterfield County, Virginia, in Plat Book 37, at Page 64.

The complete text of the proposed ordinance is on file in the office of the Real Property 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.

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TAKE NOTICE Take notice that the Board of Supervisors of Chesterfield County, Virginia, at an adjourned meeting on Wednesday, June 25, 2008 at 6:30 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Route 10 and Lori Road, Chesterfield, Virginia, will hold a public hearing where persons may appear and present their views concerning:

An ordinance to amend County Code Section 2-45 related to the dollar threshold for competitive sealed bidding and competitive negotiation.

If further information is desired, please contact Mr. Mike Bacile, Director of Purchasing, at 748-1835, between the hours of 8:30 a.m. to 5:00 p.m. Monday through Friday.

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 the need for reasonable accommodations should contact Janice Blakley, 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, June 20, 2008.

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TAKE NOTICE That on June 25, 2008, 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 exercise of eminent domain for the acquisition of easements across properties at 10222 Carol Anne Road, PIN: 743677754000000 and 10223 Carol Anne Road, PIN: 743677752500000, for the construction of the Sunnybrook Pump Station Relief Sewer Project. Information regarding the proposed easement acquisitions 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.

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TAKE NOTICE That on June 25, 2008, 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 conveyance of rights of way for the Branders Bridge Road and Jeff erson Davis Highway improvement projects to the Commonwealth of Virginia. Information regarding the proposed conveyances is on file in the office of the Real Property 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.

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TAKE NOTICE Take notice that the Board of Supervisors of Chesterfield County, Virginia, at an adjourned meeting on Wednesday, June 25, 2008 at 6:30 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Route 10 and Lori Road, Chesterfield, Virginia, will hold a public hearing to consider:

An ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and re-enacting Section 19- 25 of the Zoning Ordinance relating to Planning Department fees.

The full text of the ordinance is reproduced below. A copy of the ordinance is also on file in the County Administrator's office, Room 504, 9901 Lori Road, Chesterfield County, Virginia and may be examined by all interested persons between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.

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 the need for reasonable accommodations should contact Janice Blakley, 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, June 20, 2008.

AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-25 OF THE ZONING ORDINANCE RELATING TO PLANNING DEPARTMENT FEES

BE IT ORDAINED by the Board of Supervisors of Chesterfield County:

(1) That Section 19-25 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-25. Fees. In addition to any other fees required by the county, fees shall be payable to the county treasurer and submitted to the planning department upon filing the following applications: (a) Amend condition of zoning, other than condition of planned development: (1) Per first two conditions: a. Any request for R, R-TH, R-MF, MH or A uses . . . $2,800.00 Each additional condition thereaft er . . . (b) Enterprise zone or subzone fee exemptions. (1) For any office, commercial or industrial use within an enterprise zone or subzone designated by the Commonwealth of Virginia, no application fee shall be required for the following actions, provided the director of planning determines that the request is in compliance with the comprehensive plan: a. Amend a condition of zoning b. Conditional use or planned development c. Deferral d. Rezoning e. Site plan review, resubmittal of site plan, or adjustment to an approved site plan f. Substantial accord determination This exemption shall continue for the life of the enterprise zone or subzone. (c) For any application containing a mix of residential and non-residential uses, the fee shall be based upon the residential uses category. (2) That this ordinance shall become effective immediately upon adoption..

 

 

 

 

 

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