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Planning Department
NOTE: The 2:30 p.m. COMMISSION ASSEMBLES - MULTIPURPOSE ROOM, (1ST FLOOR) CHESTERFIELD COUNTY COMMUNITY DEVELOPMENT BUILDING, 9800 GOVERNMENT CENTER PARKWAY.
II. III. WORK SESSIONI. Requests to Postpone Action, Emergency Additions, Changes in the Order of Presentation and Dinner Location Selection.
VI. Appointment of Committees. X. Proposed Code Amendment Pertaining to Water Dependent Recreational Facilities in the R-88 Zoning District., XI. Recess. 6:30 p. m. PUBLIC MEETING AND HEARING - PUBLIC MEETING ROOM, CHESTERFIELD COUNTY ADMINISTRATION BUILDING. (IF ALL ITEMS CANNOT BE COMPLETED ON TUESDAY, January 15, 2008, THE MEETING WILL BE RECESSED TO THURSDAY, JANUARY 17, 2008, AT 7:00 P.M. IN THE PUBLIC MEETING ROOM.) (PLEASE NOTE THE PLANNING COMMISSION PUBLIC MEETING/HEARING EVENING SESSION WILL BEGIN AT 6:30 P.M. WITHDRAWAL, DEFERRAL AND CONSENT ITEMS WILL BE CONSIDERED FROM 6:30 P.M. TO 7:00 P.M. AND CODE AND/OR PLAN AMENDMENTS AND CONTESTED ZONING and CONDITIONAL USE ITEMS WILL BEGIN AT 7:00 P.M.) IV. Requests to Postpone Action, Emergency Additions or Changes in the Order of Presentation. V. Review Meeting Procedures. VI. Citizen Comment on Unscheduled Matters Involving the Services, Policies and Affairs of the County Government regarding Planning or Land Use Issues. VII. Public Hearing: Consideration of the Following Proposals in this Order:
¨ ¨ ¨ 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, 19-514, and 19-521 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 RCM-NRPAs and (2) roadside ditches, instead of curb and gutter, be used on local subdivision streets where the average lot frontage exceeds 90 feet. 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 minimize the impact of development on sensitive environmental features in the layout of subdivisions and other 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 water is sheet flowing and LID practices are used, (9) require parking spaces in excess of minimum requirements to be considered overflow parking which must use pervious surfaces, and (10) allow vegetative BMPs in certain buffers if approved by the County. Discussion may include all of the recommendations listed above. After the public hearing, appropriate changes or corrections may be made to the proposed amendments. Questions should be directed to Dick McElfish, Director of Environmental Engineering, at 748-1038.
An amendment to the Upper Swift Creek ("USC") Plan amendment, part of The Plan For Chesterfield, relating to level of service standards for roads and public schools. The USC Plan amendment area generally is 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 & Lucks Lane; to the south by properties along Hull Street Road, Baldwin Creek Road, Beach Road, West Hensley Road, Spring Run Road & 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 USC 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 proposed amendment to the USC Plan amendment is an update and a refinement of the current adopted USC Plan amendment. The proposed amendment relating to level of service standards for roads reads as follows: 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. The proposed amendment relating to level of service standards for schools reads as follows: School Goal: Provide adequate facilities to relieve overcrowding and to respond to new growth. Recommendation a. 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 proffers for limited or delayed development. b. 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. c. 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 to less than 120% of capacity 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 Ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and re-enacting Section 19-48 of the Zoning Ordinance relating to responsibilities of the Planning Commission and Preservation Committee. The proposed amendment would delete the current ordinance requirement that the Planning Commission and Preservation Committee hold a joint public hearing to review applications for designation of historical landmarks or landmark sites and allow the Planning Commission and Preservation Committee to hold separate public hearings on such applications.
Amendments to the County's Comprehensive Plan and Zoning Ordinance that would establish a Traditional Neighborhood Development (TND) zoning district and which will provide standards for the TND district as well as a number of design standards that will be applicable County-wide. No property will be rezoned by these amendments but, if adopted by the Board of Supervisors the TND district would be available to landowners and the County for possible future rezoning actions. The proposed amendments are described below: Comprehensive Plan Amendment: An amendment to the Introduction to the Plan For Chesterfield ("Plan"). The amendment would add the following language to the discussion of neighborhood development goals and policies: Traditional neighborhood development (TND) provides opportunities for creating new mixed-use, pedestrian-oriented, activity centers containing a variety of uses, including, business, retail, residential, cultural, educational, and other public and private uses. Traditional neighborhood development encourages physical community building at the neighborhood scale, while providing a range of housing choice. TND districts may be appropriate, subject to Board of Supervisors approval, for areas with the following Comprehensive Plan land use designations: Community Mixed Use; Community Mixed Use Center; Community Mixed Use Node; Regional Mixed Use; Regional Mixed Use Center; and Regional Mixed Use Node. If adopted by the Board of Supervisors, the amendment will become part of the Plan, the County’s comprehensive plan. The Plan is used by citizens, staff, Planning Commission and the 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 Plan does not rezone land, but suggests Ordinance amendments and other actions. Zoning Ordinance Amendments: An Ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and re-enacting Sections 19-41, 19-301, 19-508.3, 19-509, 19-510, 19-512, 19-518, 19-644, and 19-645 and adding Sections 19-200.1 through 19-200.11, 19-508.4, 19-509.1, and 19-514.1 relating to creation of the Traditional Neighborhood Development (TND) zoning district, and county-wide standards for off-street parking, parallel parking, tree planting within sidewalk areas, and signs projecting from buildings. The amendments would add the TND district to the list of enumerated zoning districts. The purpose/intent of the TND district includes, among other things, (1) allowing development of mixed-use, pedestrian-oriented, activity centers; (2) incorporating publicly accessible community open space; (3) encouraging high quality development/redevelopment; (4) permitting compatible mix of uses; (5) increasing number of permitted principal and accessory uses in a single district; (6) and encouraging high quality redevelopment by permitting regulatory flexibility and innovative and creative design. Applicable design principles include: (1) compact development patterns; (2) human scale development; (3) mixing nonresidential and residential land uses; (4) providing a community center and focus; (5) promoting mix of housing types on varying lot sizes; (6) encouraging in-fill residential and/or nonresidential development and redevelopment; and (7) incorporating narrow, interconnected streets with sidewalks, bikeways, and transit. The TND district would allow a number of uses, including among others, access to land in certain zoning districts; automobile self-service stations; bed and breakfast establishments; boarding houses; catering establishments; churches and other places of worship; clubs and lodges: civic, fraternal, non-profit, private, public, or social; cocktail lounges and nightclubs; colleges, public or private; communication antennas integrated into the design of a permitted building; communication offices, studios, and stations; not including towers; conference centers; convenience store; dwellings: attached, detached, live/work, multiple-family, single-family, townhouse, two-family; fire stations and emergency rescue squads, buildings and grounds; fraternities (in conjunction with school or college); funeral homes; galleries, art; government buildings; group homes; hospitals and other medical facilities; hotels; laboratories: dental, medical, and optical; libraries, public or private; meal preparation and delivery services; messenger services; model homes; mortuaries; museums, public or private; offices: dental, general, medical, project management, temporary real estate; parking lots: commercial, non-commercial, park and ride; personal service establishments; post offices; public utility service buildings; recreational establishments, commercial-indoor; restaurants and cafes: carry-out, fast-food, or sit-down; retail, general; schools, public or private; schools, specialty; sororities (in conjunction with school or college); telephone exchanges; theaters (except drive-in theaters); utility uses located underground or not requiring a structure; and upon approval of the Director of Planning, other uses not specifically enumerated in this chapter that are of the same general character as specifically enumerated uses. The TND district would allow a number of restricted uses, including among others, check cashing, incidental, subject to limitations of §19-145(h); Christmas tree sales, temporary, subject to limitations of §19-152(h); construction buildings/trailers, temporary, subject to limitations of §19-131(e); group care facilities, provided that facilities in excess of 10,000 sq. feet be limited to the Community Center, and group care facilities in Community Center have at least 50% of the ground-floor frontage that faces adjoining streets to include tenant spaces for commercial use with primary entrances facing adjoining street; home occupations, subject to limitations of §19-65(e); intercoms accessory to permitted uses, not audible to any residential use; motor vehicle rental and repair, subject to limitations of §19-159(f); outside display/storage, subject to limitations of §19-159(i); parks, public or private, not exceeding five acres of active recreational uses; parking and storage of commercial truck/vehicle, or service vehicle, in conjunction with any residential use, subject to the limitations of §19-65(f); pet grooming shops, subject to limitations of §19-145(d); plant nurseries not exceeding 10,000 sq. feet of total floor area; public address systems (outside), not audible to any residential use; recreational establishments/ facilities, outdoor, not exceeding five acres; satellite dishes, subject to limitations of §19-131(h); utility uses requiring a structure, public or private, subject to limitations of §19-131(g); veterinary clinics or offices, subject to limitations of §19-131(f); and warehouses, subject to limitations of §19-138(i). If restrictions cannot be met, uses may be allowed by conditional use. The TND district would allow a number of accessory uses, including among others, boat houses, private; docks, private; equipment storage buildings; garages, private; gardens and garden buildings, private, subject to provisions of §19-66(a); grounds keeping buildings; hothouses, residential; in-law dwelling units; maintenance buildings, subject to provisions of §19-66(a); microbreweries; piers, private; plant propagation and cultivation (not for sale): crop, flower, tree, shrub; signs; storage buildings, private, subject to provisions of §19-66(a); swimming pools and adjoining deck areas; tennis courts and similar recreational facilities; tool buildings, private, subject to provisions of §19-66(a); yard sales; and other accessory uses, buildings and structures not otherwise prohibited, customarily accessory and incidental to any permitted use. The TND district would allow these conditional uses subject to §19-13: communication towers; halfway houses; liquor stores; and mini-warehouse facilities. It would allow these special exceptions subject to §19-21: kennel, private; and yard sales in excess of 2 days. In addition, the proposed ordinance amendments establish application procedures for approving an application for zoning to a TND district, including among other things a requirement for a Master Plan and a Design Guidelines Manual, and the procedures for filing applications for an overall development plan, and site plan or subdivision plan approvals. The amendments also provide design standards and guidelines for TND projects including, among other things: (1) minimum project area requirement of 60 acres, or 20 acres for infill/redevelopment projects if a sphere of influence is established with existing and/or future neighborhoods and commercial areas equaling 60 acres at time of rezoning; (2) mix of uses in project design, providing for, among other things a horizontal and vertical mix of non-residential, residential, commercial and community center uses across the project and within buildings; (3) maximum residential densities and allowable percentages of residential development by type of dwelling unit, including single-family detached, single-family attached, live/work, and multi-family dwellings; (4) land use regulations for office, commercial, residential, civic, institutional, and open space uses within the Community Center; (5) minimum percentages and standards for common open space; (6) maximum building height standards; (7) minimum lot requirements and block standards as established in the applicable Overall Development Plan; (8) standards for public streets and motor vehicle circulation shall be designed to promote pedestrian and bicycle activity; (9) street layout standards; (10) parking space requirements; (11) landscape and buffering standards; (12) standards for exterior lighting; (13) off-street parking standards; (14) on-street parking standards; (15) parking and storage of recreational vehicles; (16) interpretation of specific parking requirements; (17) design standards for parallel parking; (18) plant material specifications; (19) building mounted sign restrictions; & (20) freestanding sign design restrictions. The amendments also provide definitions for the following terms: acreage, developable; infill TND project; live/work units; open space, common; over shop housing; personal service establishments; recreational establishments, commercial indoor; retail, general; school, specialty; sphere of influence; and work/live units. Proposed amendments for standards applicable in TND districts as well as County-wide include: (1) garages or covered parking spaces to be counted toward required parking for residential uses; (2) parallel parking for off-street parking; (3) requirements for planting trees in sidewalk tree wells; and (4) minimum clearance for signs projecting from a building. Discussion may include all of the recommendations listed above. After the public hearing, appropriate changes or corrections may be made to the proposed amendments. Questions should be directed to Mike Tompkins, Assistant Director of Planning, at 748-1053.
*These cases were deferred at a previous session by the Planning Commission.
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 cases, 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.
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