Planning Commission Meeting Agenda
Tuesday, July 15, 2008 |
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NOTE: The Chesterfield County Planning Commission’s 6:30 P.M. meetings are now available on the Web. The meetings will be streamed live on the county’s Web site, chesterfield.gov, where users can click on the “CCTV” link.
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12:00 p.m. COMMISSION ASSEMBLES - MULTIPURPOSE ROOM, CHESTERFIELD COUNTY COMMUNITY DEVELOPMENT BUILDING, 9800 GOVERNMENT CENTER PARKWAY.
12:30 p.m. WORK SESSION
I. Requests to Postpone Action, Emergency Additions, Changes in the Order of Presentation.
II. Review Upcoming Agendas. (Any rezonings or conditional uses scheduled for future meetings.)
III. Review Day’s Agenda. (Any items listed for the 3:00 p.m. and 6:30 p.m. Sessions.)
IV. Work Program – Review and Update.
V. Proposed Code Amendment Relative to Height of Church Steeples.
VI. Proposed Code Amendment Relative to CPTED Standards (Security Proffer).
VII. Presentation by Invisible Towers.
VIII. Potential By-Law Amendments.
IX. Format of Recommendations to the Board of Supervisors.
X. Planning Topics-Large Lot/Deferred Growth Concepts.
XI. Recess.
3:00 p. m. PUBLIC MEETING - MULTIPURPOSE ROOM, CHESTERFIELD COUNTY COMMUNITY DEVELOPMENT BUILDING
I. Requests to Postpone Action, Emergency Additions or Changes in the Order of Presentation.
II. Approval of the Planning Commission Minutes:
III. Consideration of the Following Cases in this Order: Requests for withdrawals/deferrals. Cases where the applicant accepts the recommendation and there is no public opposition and cases where the applicant does not accept the recommendation and/or there is public opposition.
A. 08PR0268*: In Dale Magisterial District, THE BERMUDA TRIANGLE PROPERTY, LP is requesting a 70 foot reduction to a 100 foot buffer in conjunction with site plan review. This development is commonly known as IRONBRIDGE STORAGE EXPANSION. This request lies in a General Business (C-5) District on 11.9 acres fronting approximately 250 feet on the east line of Ironbridge Road also fronting approximately 500 feet on the north line of Quaiff Lane and located in the northeast quadrant of the intersection of these roads. Tax IDs 772-673-3836, Part of 4300 and 9020.
B. 08PS0360*: In Midlothian Magisterial District, STONEHENGE VILLAGE, LLC is requesting approval of the architectural theme for buildings on outparcels for Stonehenge Village Shopping Center. This request lies in Corporate Office (O-2) and Community Business (C-3) Districts on 13.2 acres fronting approximately 1950 feet on the south line of Midlothian Turnpike across from Walmart Way. Tax IDs 735-707-Part of 6669 and 9536; 736-707-4093 and Part of 8355; and 737-707-2091 and 2699.
C. 08TW0366: In Dale Magisterial District, ROBERT AND SHERRI WILKINSON are requesting a development standards waiver to Section 19-510(a)(1) of the Zoning Ordinance to permit a RV camper to be parked outside the required rear yard. The request lies in a Residential (R-7) District on a 0.29-acre parcel located at 4840 Vestry Road approximately 500 feet from its intersection with Alfare Road. Tax ID 784-665-1517.
IV. Recess.
6:30 p. m. PUBLIC MEETING AND HEARING - PUBLIC MEETING ROOM, CHESTERFIELD COUNTY ADMINISTRATION BUILDING. (IF ALL ITEMS CANNOT BE COMPLETED ON TUESDAY, JULY 15, 2008, THE MEETING WILL BE RECESSED TO THURSDAY, JULY 17, 2008, AT 6:30 P.M. IN THE PUBLIC MEETING ROOM.)
I. Invocation.
II. Pledge of Allegiance to the Flag of United States of America.
III. Review Upcoming Agendas.
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: Requests for withdrawals/deferrals; Cases where the applicant accepts the recommendation and there is no public opposition; Code Amendments; and Cases where the applicant does not accept the recommendation and/or there is public opposition.
A. Proposed Code Amendment to Eliminate Civil Penalities.
An Ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and repealing Section 19-6 relating to civil penalties. The proposed amendment would remove civil penalties. The three areas currently enforceable by civil penalties would be enforced through other means including criminal prosecutions and injunctions.
B. Amendment to the Introduction, Plan for Chesterfield Relative to Countywide Level of Service for Schools.
This amendment to the Introduction to the Plan for Chesterfield, 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 Plan does not rezone land, but suggests Ordinance amendments and other actions.
Proposal relating to level of service standards for schools countywide reads as follows:
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 functional 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 functional 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 110% of functional 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 110% of functional 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 functional capacity of any public school in the service area is determined to exceed 110% under the conditions described above, and where such school is expected to be improved so that its functional capacity will fall below 110% 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.
C. Code Amendments Relative To Protecting Water Quality in the Upper Swift Creek Watershed.
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.
a. “Mass Grading” - 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 includes lots that average more than 10,000 square feet." For land within the Watershed, the ordinance would: (i) prohibit mass grading for lots that average more than 10,000 square feet; 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.
b. “Tree Save” - 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 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.
D. 07SN0358: In Matoaca Magisterial District, CHRIS AND GLADYS KALENTZOS request rezoning and amendment of zoning district map from Residential (R-40) to Residential (R-15). Residential use of up to 2.9 units per acre is permitted in a Residential (R-15) District. 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 8.1 acres fronting approximately 500 feet on the west line of Weatherbury Place approximately 1160 feet north of Genito Road. Tax IDs 711-689-1531, 2247 and 2465.
E. 07SN0359: In Matoaca Magisterial District, M & K DEVELOPERS request rezoning and amendment of zoning district map from Agricultural (A) and Residential (R-40) to Residential (R-15) of 26.8 acres with Conditional Use on 3.4 acres of this 26.8 acre tract to permit a business (bed and breakfast and special events) incidental to a dwelling unit. Residential use of up to 2.9 units per acre is permitted in a Residential (R-15) District. The density of the Conditional Use 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 is located in the northeast quadrant of Genito Road and Weatherbury Place. Tax IDs 711-688-3114 and 7172; and 712-689-1950.
F. 07SN0360: In Matoaca Magisterial District, DOUGLAS SOWERS requests rezoning and amendment of zoning district map from Agricultural (A) and Residential (R-40) to Residential (R-15). Residential use of up to 2.9 units per acre is permitted in a Residential (R-15) District. The Comprehensive Plan suggests the property is appropriate for conservation: passive recreation and single family residential use of 2.0 units per acre or less. This request lies on 2 tracts totaling 198.8 acres the first fronting approximately 2160 feet on the west line of Otterdale Road approximately 1230 feet north of Genito Road and the second fronting approximately 130 feet on the west line of Otterdale Road approximately 470 feet south of Genito Road. Tax IDs 711-692-2160; 712-688-4372; 712-689-3422, 6214, 7342 and 8374; and 713-689-3525.
G. 08SN0245: In Bermuda Magisterial District, GERALD R. AND JANET P. WHITE request rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3). 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 use. This request lies on 0.6 acres fronting approximately 170 feet on the south line of Arrowfield Road approximately 190 feet east of Jefferson Davis Highway. Tax ID 799-628-Part of 7084.
H. 08SN0248: In Bermuda Magisterial District, DAVID AND ELIZABETH VAUGHN request Conditional Use and amendment of zoning district map to permit a 2 family dwelling 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 residential use of 1.5 dwellings per acre or less. This request lies on 5.4 acres and is known as 12800 Norlanya Drive. Tax ID 828-656-0224.
I. 08SN0249: In Clover Hill Magisterial District, HERITAGE SIGNS requests amendment to Conditional Use Planned Development (Case 03SN0132) and amendment of zoning district map relative to freestanding signage. 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 Light Industrial (I-1) District on 10.8 acres and is known as 10531 and 10601 Midlothian Turnpike. Tax IDs 746-708-1182 and 746-709-2712.
J. 08SN0252: In Bermuda Magisterial District, PREMIER PARTNERS, INC. requests amendment to rezoning (Case 98SN0196) and amendment of zoning district map relative to access. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. This request lies in a General Business (C-5) District on 6.6 acres and located in the southwest quadrant of the intersection of Chester and Perrymont Roads. Tax IDs 791-673-7612, 7731 and 7847.
K. 08SN0255: In Clover Hill Magisterial District, KPC PROPERTIES requests amendment to Conditional Use Planned Development (Case 89SN0320) and amendment of zoning district map to delete limitations on nightclub/special events uses relative to location of operation, size of dance floor and operator and to permit outside public address systems. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for conservation/recreation and residential use of 2.0 units per acre or less. This request lies in a Residential (R-7) District on 1.3 acres lying approximately 610 feet off the west line of Millridge Parkway approximately 300 feet south of Planters Wood Road. Tax IDs 730-678-0750, 0857, 0935, 1045, 1529 and 1553.
L. 08SN0256: In Bermuda Magisterial District, KECK TRUST AND NINA V. SHOOSMITH ET ALS request rezoning and amendment of zoning district map from Agricultural (A) and Light Industrial (I-1) to Heavy Industrial (I-3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial/industrial uses. This request lies on 167 acres fronting approximately 1050 feet on the south line of Bermuda Hundred Road approximately 1130 feet northwest of Allied Road. Tax IDs 828-649-7372; 829-650-8343; 830-649-1629; and 830-650-4043.
M. 08PD0372: In Dale Magisterial District, CHESTERFIELD COUNTY PARKS AND RECREATION requests Substantial Accord Determination and amendment of zoning district map on 3.6 acres to permit public park use and amendment to Substantial Accord Determination (Case 04PD0126) to permit active recreational uses on 11.5 acres. 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 2.51 to 4.0 units per acre or less. This request lies in Agricultural (A) and Corporate Office (O-2) Districts on 15.1 acres fronting approximately 130 feet on the west line of Ridgedale Parkway approximately 3600 feet northwest of Iron Bridge Road. Tax IDs 773-688-Part of 0410 and 774-689-Part of 6684.
N. 07PD0248*: (Amended) In Clover Hill Magisterial District, CHESTERFIELD COUNTY PARKS AND RECREATION requests Substantial Accord Determination on 10 acres of 52 acre tract to permit expansion of the proposed Providence Road park site, plus amendment to substantial accord (Case 92PD0197) relative to development standards. This request lies in an Agricultural (A) District on 52 acres fronting approximately 1560 feet on the south line of Powhite Parkway, west of the northern terminus of Condrey Ridge Drive, and also fronting the north line of West Providence Road across from Providence Elementary School. Tax IDs 743-692-Part of 4869 and 743-693-5361.
O. 08SN0105*: In Clover Hill Magisterial District, STYLECRAFT HOMES DEVELOPMENT CORP. requests rezoning and amendment of zoning district map from Neighborhood Business (C-2) and Community Business (C-3) to Community Business (C-3) with Conditional Use to permit multifamily and townhouse uses on 15.5 acres plus Conditional Use Planned Development to permit exceptions to Ordinance requirements on the entire 20.6 acres. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial and light industrial uses. This request fronts approximately 740 feet on the south line of Midlothian Turnpike approximately 150 feet west of Tuxford Road. Tax ID 751-706-3789.
P. 08SN0219*: In Bermuda Magisterial District, DONNA P. BRENNAN requests Conditional Use and amendment of zoning district map to permit a special events business incidental to a dwelling unit 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 1.0-2.5 dwelling units per acre. This request lies on 2.6 acres and is known as 10301 Old Wrexham Road. Tax ID 774-661-8804.
Q. 07SN0361**: In Matoaca Magisterial District, ROBERT C. SOWERS AND DOUGLAS AND SUSAN SOWERS request rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for conservation: passive recreation and single family residential use of 2.0 units per acre or less. This request lies on 26.2 acres fronting approximately 1030 feet on the west line of Otterdale Road approximately 3380 feet north of Genito Road. Tax IDs 713-691-1673 and 8928; and 714-690-1660.
*These cases were deferred at a previous session by the Planning Commission to their July 15, 2008, meeting.
**These cases were remanded by the Board of Supervisors.
VIII. Citizen Comment on Unscheduled Matters Involving the Services, Policies and Affairs of the County Government regarding Planning or Land Use Issues.
IX. 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 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.
Kirkland A. Turner, Director
Planning Department
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