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Planning Department
NOTE: The 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.) 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.
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 semi-public 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 proffers 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.
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.
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.
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