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08/22/01 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of i Meeting Date: August 22, 2001 Item Number: 5.A. Subiect: Resolution Recognizing Donna W. Lewis Upon Her Retirement September 1, 2001 County Administrator's Comments: County Administrator: Board Action Requested: Staff requests the Board adopt the attached resolution. Summary of Information: Staff requests the Board adopt the attached resolution recognizing Donna W. Lewis for 29 years of service to the Chesterfield County Sheriff's Office. Preparer: Clarence G. Wil~a~s, Jr. Title: Sheriff Attachments: Yes No RECOGNIZING MS. DONNA W. LEWIS UPON HER RETIREMENT WHEREAS, Ms. Donna W. Lewis began her public service with the County as a bookkeeper, budget coordinator and jail secretary for Sheriff Wingo in June 1972; and WHEREAS, in July 1972, Ms. Lewis became the first uniformed female deputy in Chesterfield County with duties as bookkeeper, canteen officer and relief deputy; and WHEREAS, on December 3, 1974, Ms. Lewis completed First Criminal Justice Academy; and WHEREAS, from October 1988 to December 1988, Ms. Lewis served as a temporary coordinator for Chesterfield's Victim Witness Assistance Program; and WHEREAS, on January 15, 1993, Ms. Lewis graduated from the Chesterfield Sheriff's Office, First Combined Basic Academy; and WHEREAS, in March 1993, Ms. Lewis was chosen ~lDeputy of the Quarter"; in January 1996, served as acting Sergeant in the courts; and in September 2000, was chosen "Employee of the Quarter"; and WHEREAS, Ms. Lewis served the Sheriff's Office in many capacities ranging from Deputy Sheriff to various supervisory positions; and WHEREAS, Ms. Lewis's desire to do a good job has been a primary factor that has permitted her to perform at a very high level, while striving for excellence and going beyond the call of duty while serving Chesterfield County for twenty- nine years. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the outstanding contributions of Ms. Donna W. Lewis, expresses the appreciation of all residents for her service to Chesterfield County, and extends its appreciation for her dedicated service to the County and its congratulations upon her retirement, as well as best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Lewis, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 ofl Meeting Date: August 22, 2001 Item Number: 5.B. Subject: Recognition of Elmer F. Schumacher Upon His Retirement, After Serving The County For 25 Years with Dedicated Service To Chesterfield County County Administrator's Comments: County Administrator: ,/ff/~,~ Board Action Requested: Adoption of attached resolution Summary of Information' Preparer: Steve A. Elswick Title: Fire Attachments: Ycs ~-]No # O.-,~d RECOGNIZING MR. ELMER F. SCHUMACHER, III UPON HIS RETIREMENT WHEREAS, Firefighter Elmer F. Schumacher, III, retired from the Chesterfield Fire and Emergency Medical Services Department on August 1, 2001; and WHEREAS, Firefighter Schumacher attended Recruit School in 1976 and has faithfully served the County for twenty-five years in various assignments as a Firefighter at the Bon Air, Dale and Ettrick Fire Stations; as a Sergeant at the Manchester and Dale Fire Stations; and as a Lieutenant on Unit 443; and WHEREAS, Firefighter Schumacher took it upon himself to attend training, clinical rotations and testing to reach the levels of EMT-A, Cardiac Technician and Critical Care EMT-P, and earned the designation of Nationally Registered Paramedic by attending the first paramedic school held at the Medical College of Virginia, and as such became one of the first Chesterfield Fire paramedics; and WHEREAS, Firefighter Schumacher served the County as a CPR and EMT Instructor, Vehicle Extrication Instructor, ALS Preceptor, Fire Instructor as well as Basic, Light and Heavy Duty Rescue Instructor; and WHEREAS, Firefighter Schumacher worked as a dependable employee for twenty-five years including using no sick leave in 1996 and 1997; and WHEREAS, Firefighter Schumacher over his career has received two Lifesave Certificates from the Fire Department and in 1980 was awarded the Certificate of Merit, the Fire Department's highest award, for service above and beyond the call of duty. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the contributions of Mr. Elmer "Fritz" Schumacher, III, expresses the appreciation of all residents for his service to the County, and extends its congratulations upon his retirement and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Schumacher, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. 0C04 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 ofl Meetin~l Date: August 22, Subject: 2OOl Item Number: s.c. Resolution 'Recognizing Jo-Ann Clark for Contributions to the Chesterfield/ Colonial Heights Board of Social Services County_ Administrator's Comments: County Administrator: Board Action Re~.uested: The Department of Social Services has requested that the Board of Supervisors commend and recognize Jo-Ann Clark for outstanding service to the citizens of Chesterfield County and Colonial Heights through representation on the Chesterfield/Colonial Heights Board of Social Services. Summary of Information: Mrs. Clark was appointed to the Chesterfield/Colonial Heights Board of Social Services in July 1993 and served until June 2001. Mrs. Clark has served with dedication and commitment the citizens of Chesterfield County and Colonial Heights through her advocacy for the protection of children, the elderly and disabled. Sarah C. Snead Title: Director of Social Services Attachments: Ycs ~-]No # 0C05 RECOGNIZING MRS. JO-ANN CLARK FOR HER SERVICE ON THE CHESTERFIELD/COLONIAL HEIGHTS BOARD OF SOCIAL SERVICES WHEREAS, the Chesterfield/Colonial Heights Social Services Board is a citizen Board established by the Code of Virginia, responsible for oversight and policy guidance to the department in its pursuit of excellence in providing services to individuals, families and the community; and WHEREAS, Mrs. Jo-Ann Clark was appointed to the Chesterfield/ Colonial Heights Board of Social Services in July 1993 and continued in this capacity until June 2001; and WHEREAS, Mrs. Clark was an advocate for departmental needs and consistently demonstrated a commitment to the department; and WHEREAS, Mrs. Clark is and has been an active and devoted member of the Chesterfield-Colonial Heights Christmas Committee for many years, served as Christmas Mother in 1994, and has worked to ensure that in our community no family is without food, no child is without toys and clothing, and no elderly person is forgotten during the holiday season; and WHEREAS, Mrs. Clark has shown concern for children and their families and has demonstrated a genuine commitment to their protection, as well as the protection of the elderly and disabled, and has served with dedication the citizens of Chesterfield and Colonial Heights; NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mrs. Jo-Ann Clark and expresses appreciation for her dedicated and outstanding service to the Social Services Board and the citizens of Chesterfield and Colonial Heights. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Clark and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: Au[ust 22, 2001 Item Number: 5.Do Subject: Recognition of 2001 NACo Achievement Award Winners County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: We are proud to announce that Chesterfield County is the recipient of 20 Achievement Awards from the National Association of Counties this year (up from 13 last year). The county received close to one third of the total awards granted to Virginia localities (20 of 69) in 2001. Representatives from the appropriate departments are present to receive awards (see attached). Preparer: ~ Title: Assistant County Administrator ' ~, M~{rilyn E I -- Attachments: Yes [----] No 0007 2001 NACo ACHIEVEMENT AWARD CHESTERFIELD COUNTY, VIRGINIA RECIPIENTS AT BOARD MEETING AUGUST 22, 2001 DEPARTMENT Budget and Management Shelia Minor County Administration Marilyn Cole Michael Yeatts and Gary Allen Fire Department Steve Oaks Mark Nugent Mark Nugent James Kelly R. Michael Hatton Health Department Barbara Allen, Susan Greene and Beverly McGary Human Resource Management Stephanie Douglas & Bill Howell Libraries Janet Baumgardner Janet Baumgardner Skip Auld MH/MR/SA George Braunstein PROJECT Tax Restructuring Plan/Tax Structure Committee Employee of the Year Program Streamlined Process for Administering an Organizational Climate Assessment Firefighter Down Rescue Training Program Citizen Assistance After Response to Emergencies Program (CARES) Thermal Imaging Technology Partnership Nitrous Oxide Pilot Program The Fire and Life Safety House "Watch:" Women and Their Children's Health, YWCA Women's Shelter Education Program Retiree Advisory Group Teen Read Week Survivor Booklist Informal Teen Participation with a Statewide Youth Literature Award Committee LINC Alive Best Choice Parks and Recreation Michael Golden Philip Morris USA Project at Henricus Historical Park Police Department Shaun Guice & John Austin Success Through Education and Pro-Active Policing (STEPP) Risk Management Karen Russell Heating Conservation Program Utilities Robert Wilson Robert Wilson Fred Angel Midlothian Water Line Rehabilitation Collocation of Communications Atenna on Water Tanks Rewards and Recognition for Finance Administration 0009 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 3 AGENDA Meeting Date: August 22, 2001 Item Number: 6. Subject: Work Session on Manufactured Home Park Project County Administrator's Comments: County Adm,n,strator Board Action Requested: Summary of Information: Planning Staff and the Planning Commission have worked with residential and business leaders, manufactured home park owners, their representatives and residents to design a four-part strategy that is intended to: · Improve the living conditions within the manufactured home parks, and · Assist in the revitalization and improvement of the surrounding communities where manufactured homes exist. The following four part program to address the issues within the manufactured home parks is recommended: 1. Continue proactive inspection of the existing manufactured home parks for violations of existing regulations 2. Amendment to the MH-1 Zoning District and associated Ordinance Changes Preparer: _ ~'/~~---------~~ Title: Director of Planning Thomas E. Jacobson C:DATA/AGENDA/2001/AUG2201.3 Attachments: 1Yes ~]No # 0¢!o CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Existing MH-1 standards were eliminated or reduced to ensure that imposition of the MH-1 zoning standards would be practical. Standards such as, landscaping, recreation facilities, minimum lot requirements, underground utilities, street width and park setbacks, were reduced or eliminated. 3. Create MH-3 Ordinance The MH-1 zoning requirements, if amended, would only apply to existing manufactured home parks. Therefore, an MH-3 district is proposed with new modern standards for new parks. These standards include: · 6 dwelling units per acre · Recreational area and equipment · Street trees · Sidewalks · Streetlights · Underground utilities 4. Develop a Substandard Manufactured Home Park Strategy A two-phase program for the improvement of manufactured home parks with significant health, safety, and welfare issues is proposed. It is recommended that the County first develop an expanded proactive code enforcement program requiring improvement to the physical conditions of homes and parks as required by existing and proposed new codes. If the Board of Supervisors decides that this program is not sufficient, they can further direct staff to prepare Phase II - the redevelopment program- for consideration. An outline of the major steps of this program is presented in the attached Substandard Manufactured Housing Strategy. The Planning Commission, after 5 work sessions and 3 public hearings unanimously recommends approval of the attached ordinance amending the MH-1 Zoning District, creating the MH-3 Zoning District, and related amendments The Planning Commission voted 4-1, with Mr. Gecker voting no, to recommend approval of the Substandard Manufactured Housing Strategy. Detailed Documents Attached: 1. Article: Planners Seek Mobile Home Park Improvements 2. Manufactured Home Park Chart 3. Impact of Proposed MH-1 Standards graphic 4. Substandard Manufactured Housing Strategy 5. Ordinance to Amend the Code of Chesterfield Manufactured Home Parks District Relating to 11 AITA CHMENT 1 Planners seek mobile home tOE '~to m~ac~-ed~b~me ile homes~re mOVed. result in rent increases? A) The cOUnty does not controlthe re~t~. for any:type of ho. mir~_g.: aa they d~i/6, but are required tospend some of the:profits on maime- nance and improvements to the property. park BY DAVE GOODE Proposed clmnges to (~esterfield Gounty's mobile, or manufactured, home park ordinance have been designed to improve Ii,lng conditions lbr residents and to as.sist in revitalizing the surrounding community. ~We are making improvements in our older neighborhood and bttsiness areas and we need to make improvements tn our mobile home parks, too," said Tom Jacol-~on, director, Chester field County Planning Department. Members of the Manu factu red Home Park Committee, which includes Planning Commission members and Planning Depar tmen t staff, has~ held public meetings to discuss ways to improve the mobile home parks. Thecommittee also has toured numerous mobile home parks and held meetings with residents, park owners and members of the Jefferson Davis Association. a cmnmnnity organiza- Lion working to make improvements along the Jefferson Davis Highway corridor. where several mobile home parks are located. There are approximately 28 mobile home parks in Ch es ter field. Th e parks include from three to more than 500 lot~ Currently, there are approxima Lely 9,082 mobile homes located in parka in Chester- field. Some mobile homes and parks are relatively new, while others are .50 years old and olde~;Jacobson said. Public safety an issue "The intention is to make mobile home parks safer and better places to live," said Harry L Ma~h, vice chairman of the Planning Commission and member of the Mamffactured Home Park Gommitree. ~1 realize there are some quality mobile home parks in the county, bm there also are some that need work," Marsh said. ProDogect MH-I Standards ~ v.'o,k ~r~o~ for Work required Safety, appearance vary significantly also are concerted abcxR the alaoearance of ~me ~ Marsh said that living conditions in some parks appeared inadequate. In some parks mobile homes were so closely located that it posed fire hazards, and fire trucks and ambulances would have difficuhy reaching some residences, he added. ChesterfieM has been studying ways to improve mobile home parks for several years. Four major elements have been consid- ered in designing an overall strategy to improve the parks. They include:. · 'e Amending the Mobile Home Parkq {MH- 1) zoning district for existing parks to set more practical standards. ,~ Establishing a new Mobile Home Park~3 (MH-3) zoning di~rict containing modern standards to be used for new mobile home park development ~'Establi~hing a program to redevelop several older mobile home parks ,J, Continuing with proactive mobile home park inspections by the Building Inspecuon and Planning departments. To make it practical tO achieve ~mprove- menLs to existing parks in the MH-1 district, some existing standards would be reduced or eliminated, and some new standards would be adopted. Some of the standards in the amended MH-I zoning district would include allowing only one family per manufactured unit; making the minim um pad site no le~ than 30 feet wide and no less than 2.500 square feet; setting the minimum street width at l§ feet; paving roads; and adding perimeter hndscaping. Several new procedures would be adopted ms well. A park developer would have to submit a park plan to Ihe director of planning within 90 days of the adoption of the amended ordinance to be considered for approval in a MH-1 district After 90 days, MH-1 standards would be used for existing parks only. Existing individual manufac- tured homes would be considered non- conforming, and improvements toward the amended MH-1 standards would be made aa homes are replaced. No mobile homes will be forced to move aa a improvements result of the proposed ordinance changes. Modern standards, redevelopment where needed The new MH-3 zoning district, which will be ttsed for all new mobile home park developmen~ has several modern stan- dands, including a maximum of six units per acre, underground utilities, and trees and lighting 'along streets. The committee has recommended that several older parks be redeveloped. The county would use public funds to purchase parks that havesignificant health and safety issues. The residents of these parks would be relocated tn sound hottsing and the site would be redeveloped in accor- dance with the county's comprehensive plan. Proactive code enforcement In May 1999, a joint pro~ec t between the Building Inspection and Planning depart- ment.s began in order to inspect all of the county's mobile home parks. In the initial 10 parks inspected, 270 violations were cited. Proactive enforcement will be a key to mamtaining the mobile home parks once improvements are made, said Phillip G. Cunningham,a member of the Planning Commission who serves on the committee studying how to Lmprove the parks. "Some of these parks did not get in these conditions overnight and they probably won't be improved overnight," Cunningham said. "~ need to hake a balanced approach because for some people their next step could be homelessoess, and that i~ not the intent," Cunningham said. The goal is to make improvements to mobile home ~ over time and gradu- ally improve the living conditions in the parks, he said. The committee plans to continue conducting public meetings as it studies the pr~ changes to Ch~terfieM's mobile home park ordi- nance. ATTACHMENT 2 001:3 ATTACHMENT 3 Impact of Proposed MH-1 Standards # of Standards Proposed MH-1 Standards NEWER PARKS SOME WORK REQUIRED PARKS WITH HEALTH. SAFETY ISSUES PROPOSED FOR 'REDEVELOPMENT 0014 ATTACHMENT 4 Substandard Manufactured Housing Strategy A two-phase program for the improvement of manufactured home parks with significant health, safety, and welfare issues is proposed. It is recommended that the County first develop an expanded proactive code enforcement program requiring improvement to the physical conditions of homes and parks as required by existing and proposed new codes. If the Board of Supervisors decides that this program is not sufficient, they can further direct staff to prepare Phase II - the redevelopment program- for consideration. An outline of the major steps of this program is presented below. Increased Proactive Code Enforcement The Planning, Building Inspection, Police and other County Departments are systematically inspecting manufactured home parks and enforcing current County building, zoning and other adopted codes. Currently, 18 parks have been inspected with the following results: No homes have been condemned or demolished within legally operating parks, Two illegal parks have been closed, 588 violations for unlicensed vehicles, discarded material and minimum building code requirements have been corrected. The purpose of this Phase I program will be to research and assess the impact of additional health, safety, welfare codes with an accelerated inspection and enforcement program in order to improve the living conditions within substandard parks. Initial Survey of Substandard Parks Document physical, environmental conditions Document health, safety, and welfare issues Document comprehensive plan and zoning for park and surrounding property. Document unit ownership(owner occupied or rental) Research and assess the impact of additional health, safety, and welfare codes ( to include - spot blight abatement, mandatory smoke detectors for owner occupied units, other new codes) Estimate the number of substandard units to be removed or substantially renovated 3. Identify relocation requirements for residents and estimated public costs Assess staffing issues 5. Prepare staff report and recommendation Board of Supervisor's review and decision Approve, modify, or deny program Decide if Board desires to consider Redevelopment Program PHASE II Dilapidated Manufactured Home Park Redevelopment The purpose of this Phase II program is to research and assess the impact of a program to redevelop certain parks that have significant health, safety, and welfare issues. There are two objectives for this program: 1) to improve living conditions for the residents of these parks through relocation to alternative sound housing, and 2) to assist in the revitalization and improvement of the surrounding community. The following is an outline of the steps necessary to prepare a detailed proposal for the redevelopment of the dilapidated manufactured home parks. Review data and information collected in the Code Enforcement Program proposed above. 2. Assess redevelopment potential of each candidate park Comprehensive Plan Market factors Utilities and access 3. Assess relocation requirements for current residents If the relocation of individuals and families will be undertaken through the use of Community Development Block Grant funds, all actions will adhere to the requirements of the Federal Uniform Relocation Act Prepare financial estimates for alternative redevelopment options Land and infrastructure purchase Home purchase Relocation Property demolition and preparation New infrastructure Resale 5. Research partnerships with private organizations to implement redevelopment program Prepare list of public programs available to owners who desire to redevelop land Rezoning assistance Economic development programs O0/.6 8. 9. 10. Analyze redevelopment program options Select redevelopmem program Staffing issues and recommendation Board of Supervisors hearing, consideration, and decision Prepared by Chesterfield County Planning Departmem: 8/2001 COUNTY OF CHESTERFIELD VIRGINIA MEMO TO: FROM: DATE: RE: Chesterfield County Planning Commission (By Facsimile) Andrea Wortzel, Assistant County Attorney o~(~.L~ May 4, 2001 Tools Available to Address Nuisance and Blight As we discussed at your April 17 work session, there are a number of tools currently available to the County to address blight and nuisance. Attached is a list of these tools, which were previously discussed with the Manufactured Home Committee. This list does not evaluate issues relating to implementation of the tools such as cost, staffing requirements, policy implications or the impact on individuals or property. cc~ William Dupler, Building Official Tom Jacobson, Planning Director Ted Barclay, Planning Department 2014:53082.1 0015 TOOLS AVAILABLE TO ADDRESS NUISANCE AND BLIGHT WITHIN CHESTERFI]~LD COUNTY Tools Currently Available Building Official can remove, repair or secure any building or structure which poses a danger to public health or safety. Building Official can also remove any defacement that is visible from a public fight of way. Building Inspection Department can require property owners to remove, repair or secure buildings or structures that are "bawdy places" or that are causing or contributing to "drug blight." A "bawdy place" is "any place within or without any building or structure which is used for lewdness, assignation or prostitution." "Drug blight" is defined as "the regular presence on property or persons who are under the influence of controlled substances; or the regular use of the property for purposes of illegally possessing, manufacturing or distributing controlled substances." The County is authorized by state law to compel the abatement or removal of a public nuisance. If the nuisance presents an immediate and imminent threat to life or property, the locality may take the action itself and charge the cost of abatement to either the owner, occupier, or possessor of the premises. For purposes of this provision, public nuisance includes "dangerous or unhealthy substances which have escaped, spilled, been released or which have been allowed to accumulate in or on any place and all unsafe, dangerous, or unsanitary public or private building, walls, or structures which constitute a menace to the health and safety of the occupants thereof or the public." The County through its police power can take immediate action to eliminate certain serious health, safety and welfare problems. For example, Virginia Code § 15.2-2307 gives counties specific authority to impose conditions on private roadways within multifamily residential developments to guarantee access for emergency vehicles. The County can purchase property for public use. [Note: economic development does not currently qualify as a public use]. The County can condemn property for public use. [ Note: economic development does not currently qualify as a public use.] County may have inoperable vehicles, refuse, litter and other discarded materials removed from private property. County can mow grass or weeds taller than 12 inches that are growing on private property. Tools A. Eo County requires landlords to install smoke detectors in rented dwelling units and to maintain the smoke detectors in good working condition. The County could intensify its enforcement of the building maintenance code and the zoning ordinance. Available if Adopted by Ordinance Spot blight abatement. The County could adopt an ordinance to condemn residential property to eliminate specific health, safety and welfare problems, so long as the property retains its residential use (residents may only be temporarily displaced). As part. of a spot blight abatement program, the Planning Commission must hold a public hearing and make a determination on each of the following issues: ° Is the property blighted? Has the owner failed to cure the blight or present a plan? Is the plan for the repair/disposition of the property in accordance with the comprehensive plan, zoning ordinance, and other applicable land use regulations? Is the property located in an area listed on the National Register of Historic Places? The Planning Commission then sends a report of its findings to the Board of Supervisors which approves or disapproves the blight abatement plan. If the blight abatement plan is approved, the County can initiate condemnation proceedings to implement the plan, subject to the appropriation of necessary funds. Enter into an agreement with the Richmond Redevelopment and Housing Authority to use their condemnation authority when the County lacks authority. Enter into an agreement with the Industrial Development Authority to purchase property for economic development or other purposes that are not within the County's condemning authority. Enter into an agreement with a community development corporation to use their purchasing authority when the County lacks authority. Form a County Redevelopment and Housing Authority. Enforce a landlord's statutory obligations, in a manufactured home park where units are rented, to: 2014:53100.1 2 0C20 Complete repairs and maintenance sufficient to keep parks in a fit and habitable condition, including maintaining all common areas in a clean and safe condition; Maintain all electrical, plumbing, sanitary, heating, ventilating, air conditions and other facilities and appliances supplied by landlord; Maintain waste receptacles; Provide access to electric, water and sewage disposal connections for each manufactured home park space. Adopt an ordinance requiring installation of smoke detectors in any building containing one or more dwelling units. Require home owners to certify to County that smoke detectors are in place. 2014:53100.1 · O0; l A TTA CHMENT 5 ORIGINAL AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-41, 19-100, 19-113, 19-114, 19-115, 19-116, 19-117, 19-123, 19-173, 19-178, 19-194, 19-503, 19-505, 19-510, 19-513, 19-523, 19-551, 19-552, 19-553, 19-554, 19-555, 19-556, 19-557, 19-573, 19-575, 19-578, 19-582, 19-594, 19-595, 19-602, 19-604, 19-608, 19-609, 19-611, 19-612 AND BY ADDING AND ENACTING SECTIONS 19-114.1, 19-117.1, 19-117.2, 19-122.1, 19-122.2, 19-122.3, 19-122.4, 19-122.5, 19-122.6, 19-122.7, 19-122.8 AND 19-508.2 RELATING TO MANUFACTURED OR MOBILE HOME PARK DISTRICT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-41, 19-100, 19-113, 19-]14, 19-115, 19-116, 19-117, 19-123, 19-173, 19-178, 19-194, 19-503, 19-505, 19-510, 19-513, 19-523, 29-551, 19-552, 19-553, 19- 554, 19-555, 19-556, 19-557, 19-573, 19-575, 19-578, 19-582, 19-594, 19-595, 19-602, 19-604, 19-608, 19-609, 19-611 and 19-612 of the Code o_f the CounW of Chesterfield, 1997, as amended, are amended and re-enacted and that Sections 19-114.1, 19-117.1, ]9-117. 2, 19- 122.1, ]9-122.2, 19-122.3, 19-122.4, 19-122.5, 19-122.6, 19-122. 7 and19-508.2 of the Code of the CountF o_f Cbesterfield, 1997, as amended, are added and enacted to read as follows: Sec. 19-41. * Districts enumerated. (a) For the purpose of this chapter the county is hereby divided into districts as follows: (]) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (+-2]3) (-t-314) (+415) (-1-516) (--1-617) (+-718) R-88 Single-Family Residential District. R-40 Single-Family Residential District. R-25 Single-Family Residential District. R- 15 Single-Family Residential District. R- 12 Single-Family Residential District. R-9 Single-Family Residential District. R-7 Single-Family Residential District. R-TH Townhouse Residential District. R-MF Multifamily Residential District. MH-1 Manufactured ~, .~,~,u,,~ Home Park District. MH-2 Manufactured or l,u~,,¢ Home Subdivision District. MH-3 Manufactured Home Park District. A Agricultural District. O-1 Neighborhood Office District. 0-2 Corporate Office District. C-1 Convenience Business District. C-2 Neighborhood Business District. C-3 Community Business District. (-t-819) C-4 Regional Business District. (-1-920) C-5 General Business District. (-2-021) I- 1 Light Industrial District. (-2-1-22) I-2 General Industrial District. (~223) I-3 Heavy Industrial District. (b) Residence or residential districts, referred to as R Districts, include the R-88, R-40, R-25, R-15, R-12, R-9, and R-7, l',fiI-I and ?,~1-2 Districts. Manufactured home districts, referred to as ME Districts, include the MH-1, MH-2 and MH-3 Districts. Townhouse residential districts include the R-TH Districts. Multifamily residential districts include the R-MF Districts. Office districts, referred to as O Districts, include the O-1 and 0-2 Districts. Business districts, referred to as C Districts, include the C-I, C-2, C-3, C-4 and C-5 Districts. Industrial districts, referred to as I Districts, include the I-l, I-2 and I-3 Districts. Agricultural districts include the A District. OOO Sec. 19-100. Manufactured ormrflAte homes prohibited except Under certain conditions. The board of supervisors may grant a permit, with or without conditions, for the original location of a temporary manufactured or-mobile home in an R-7 District and the permit shall specify the location of such home on the premises and shall .assure compliance with county health and sanitary requirements. The permit shall be valid for up to seven years. At the expiration of the tim~ specified on the permit, an application may be made for renewal of the manufactured rrr n'mbite home permit. 000 DIVISION 13. MH-1 MANUFACTURED HOME PARK DISTRICT Sec. 19-113. Permitted uses by right. The following uses shall be permitted by right in the MH-1 District: (a) Manufactured m-mobile home parks. (b) Group homes. Provided, however, that after (insert date of approval) MH-1 zoning shall no longer be granted by the Board of Supervisors. However, property that is not zoned MH-1 but has been granted a conditional use or conditional use planned development to permit a manufactured home park use may be rezoned MH-1 if such rezoning application is filed by (insert date 6 months after date of approval). 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 2 Sec. 19-114. Accessory uses, buildings and structures. The following accessory uses, buildings and structures shall be permitted in the MH-1 District: Any accessory uses, buildings and structures permitted in the R-88 District. Sec. 19-114.1 Accessory use required conditions. (a) Accessory_ buildings or accessory_ structures shall not be located within the required park setbacks specified in Sections 19-117(b) and (c). Setbacks from the street or travel way for accessory_ buildings and accessory_ structures shall be the same as that for the principal building. Sec. 19-115. Conditional uses. The following uses may be allowed by conditional use in the MH-1 District, subject to the provisions of section 19-13: (a) Group care facilities. (b) Planned developments. (c) Subject to the following requirements, other uses which are not specifically enumerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. Based on these considerations, he shall determine that the proposed use's operating characteristics are substantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. Sec. 19-116. Special exceptions. The following uses may be allowed as special exceptions in the MH-1 District, subject to the provisions of section 19-21: None. 2014(22):52670. l(see also 51991.1) 3 6/26/01 10:36 AM Sec. 19-117. Required conditions. (a) Park access. A manufactured orm-n:rbite home park of more than ten acres shall have more than one public street or travel way access to ensure that emergency services may be provided to the park and to secure safe and efficient access for all traffic. This requirement may be satisfied in the following ways: The park has a paved boulevard entrance of at least 45 feet in width, with minimum lane widths of 18 feet each; and The park has an emergency access that meets the following criteria: (ii) (iii) (iv) (v) (vi) (vii) the access is at least twelve feet in width, with an additional clear area of three feet beyond the edge of pavement; the area above the pavement has a vertical clearance of a minimum of 14 feet; the minimum turning radius for any curve is 42 feet; the access is constructed of all weather material; the access is gated with one panel at least 12 foot wide by three foot tall constructed of painted 2 inch tubular steel and the panels are secured by a heavy_ duty steel chain and a Knox padlock as approved by the Chesterfield County Fire Department; the access is adequately maintained; and the access is not used for parking; or Park owners may seek relief from this requirement by applying for a development standards waiver in accordance with section 19-19. (b) Front yard required. The minimum front yard of a manufactured or-mrrb~ home park adjacent to a public street or travel way shall be 50 feet, such distance to be measured between the front property line and the nearest manufactured cmmobi~ home or other structure, excluding gazebos, fountains or other decorative features not associated with an individual home or recreation area. (c) Side and rear yards required. The minimum side and rear yards of a manufactured err .,uo,,,~-:'- home park shall be 15 feet, such distance to be measured between the park property line and the nearest manufactured home;-m:,b/teq-mme or other structure. The planning director shall reduce this setback down to five feet 2014(22):52670.1 (see also 51991.1) 6/26/01 10:36 AM (d) (e) (1) if he determines that the park is adjacent to natural drainage areas or other features that will function as visual separation of the park from adjacent uses; (2) if he determines that existing or proposed landscaping or an existing or proposed alternating solid board fence is sufficient to provide a visual separation of the park from adjacent uses; or (3) if the park is adjacent to a property or properties that are either zoned or designated in the Comprehensive Plan for nonresidential uses. ~ Density requirements. Density shall be limited to no more than eight units per acre of gross par area. Spacing requirements. .,~,. u~,.~,,~u ~,J~,~u car s ~,, ~.,.~ When re acing a manufactured home, homes shall be placed so that, at the nearest point, they shall be at least eight feet from structures accessory_ to other manufactured homes and 16 feet from any other mobile manufactured home,attaW,,ll,Cn,- .... 1 ........ thereto or m+mqvuilfl?ng structure. The planning director may reduce the spacing between manufactured homes to 10 feet when the homes are placed end to end and no other practicable alternative is available. For the purpose of the spacing ...... '-"- home includes any requirements, a manufactured ,~, attached, enclosed structure. Detached enclosed carports or garages and storage structures are not considered to be part of the manufactured ~ home nor are Attached accessory_ structures such as decks, porches and carports must be placed so that, at the nearest point, they shall be at least 6 feet from any other manufactured home or 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM (g) Placement. (h) Parking. (i) accesso~ structure attached to any other manufactured home. Recreation area required. UU31~II~tUU dllU lg3Ul VgU IUI 3UIL~UIC IU~I~LIUII~I ~1~. lilt)~ ~'t.~-- .... .~--- percent. ~y recreational areas that are provided shall be adequately maintained. They shall be kept free from items that would render the recreation area unusable such as impediments, manufactured homes, other non-recreational structures, weeds, or junk. .... '-:'- homes shall be All manufactured or ~.~ u~.~y .~,~-~..~. set back a minimum of 10 feet, exclusive of the hitch, or 5 feet inclusive of the hitch ifa sidewalk is provided, measured from the edge of the street, or, for those parks without paved streets, from the edge of the travel way. Manufactured homes shall not obstruct the use of any street, travel way, sidewalk, or public utility easement. For each manufactured home, parking area shall be provided sufficient to accommodate two standard size motor vehicles. At,~,:)L1 .... two l~-,"-,"~ ;~I. Ji;IUU2* :)lldll UU IJIUVIUUkl IUI Uabli IIIalIUIO~gLUIUU UI IIIUUIIU IIUIIIU DpeaUU UII~ auja¢cut tu, Or ii~ a 9UiiDUiiU(I. LKTU lJ(:lll%.lll~ area ~ILIIIII uu Icct UI Lll~ h~,~-=u,,~,~=,,,** COilStFdCtiOi]. Mea to park one vehicle may be in a consolidated parking area within the manufactured home park. ~1 required parking areas shall be of hard-surface, dustless construction. Park ~ streets. All manufactured ~ homes spae~ shall abut upon a park drivewa7 street of not less than L~ 16 feet in width or a parking area adjacent to a ~ street. Parking is prohibited within park dhx, eways streets. Park dhYewaTs streets shall have unobstructed access to a public street or highway. All Park ~ streets shall be constructed of 1----.J ~--~'---- -J .... 1 ............. -'----bituminous concrete, 11~_1 U-DUI I~[~,~U~ I. ILI:)LIUD:) t~i. Ill:)Ll U~LI~JII concrete, or other similar material. 1111C;;3 :)IICI, Il U~ }Jllll.~U UIIU[I~IUUIIU./t~-ll bCl,lllLCl, l..y VI/i~I, bL~; ~VlltUI 2014(22):52670.1 (see also 51991.1) 6/26/01 10:36 AM 6 (i) Refuse disposal. l~lu~ ul~[d~d 3cti. (tk) Skirts required. U~JIIIIUk~LI~JII3 311(111 IdU IIJk~LLUkl UUIICClLII tllU IU3}JUgLIVU III(III[II(ik/tUlUU Any common refuse storage and disposal areas provided by park management shall be maintained so that they do not adversely affect public health and safety. Such areas are subject to the requirements of Section 19-503. All manufactured ornnrybite homes shall be completely skirted in accordance with the Uniform Statewide Building Code. 19-117.1 Recreational vehicles Recreational vehicles shall not be permitted as dwelling units in a manufactured home park unless they are already permitted by zoning approval or are non-conforming 19-117.2 Manufactured home representative layout required. Unless the park has already obtained an approved site plan, Aall manufactured home parks shall submit a representative layout to the director of planning within 90 days of (insert approval date of ordinance). The purpose of this layout is to provide the general layout but not to establish precise measurements. This layout is required so that the director of planning can monitor changes to nonconforming parks. The layout shall depict: The name and street address of the manufactured home park; The present land use classification of the manufactured home park and the approximate size of the tract making up the manufactured home park provided that this approximate size shall be used to determine the density of the park; The names, addresses, telephone numbers and facsimile numbers of the owner or owners of record of the manufactured home park and the person preparing the plan provided that there is no requirement that the person preparing the layout be a surveyor or engineer or that the layout be certified; 2014(22):52670.1(see also 51991.1) 7 6/26/01 10:36 AM (h) The date, approximate north point, and approximate scale, provided that the scale shall be approximately one inch equals 50 feet or larger~ The general location and widths of streets, travel ways, sidewalks, and any entrances or exits. Additionally, copies of any recorded public utility easements shall be attached to the layout~ The general location, and approximate size of all buildings and structures (not including manufactured homes and accessory structures) within the manufactured home park; The general location and method of screening of any common solid waste storage areas provided to the residents within the manufactured home park; The general location of exterior boundary lines of the manufactured home park; The general location and address of individual manufactured homes, accesso~ structures (both attached and detached), and individual and consolidated parking areas; and The general location and size of any recreation area. OOO DIVISION 14.1 MH-3 MANUFACTURED HOME PARK DISTPdCT Sec. 19-122.1 Permitted uses bv right. The following uses shall be permitted by right in the MH-3 District: (a) Manufactured home parks. (b) Group homes. Sec. 19-122.2 Uses Permitted with certain restrictions. The following uses shall be permitted in the MH-3 District subject to compliance with any conditions specified herein and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to Section 19-13: (a) Uses permitted with restrictions in the R-88 District. OOO 2014(22):52670.1(see also 51991.1) 8 6/26/01 10:36 AM Sec. 19-122.3 Accessory uses, buildings and structures. The following accessory_ uses, buildings and structures shall be permitted in the MH-3 District: Any accessory_ uses, buildings and structures permitted in the R-88 District. Sec. 19-122.4 Accessory use required conditions. Accessory buildings or accessory_ structures shall not be located within the required park setbacks. (b) Setbacks for accessory_ buildings and accessory structures on individual lots shall be as follows: (1) Front yard. Minimum of 20 feet, (2) Side yard. Minimum of 5 feet, (3) Comer side yard. Minimum of 20 feet, (4) Rear yard. Minimum of 5 feet. Sec. 19-122.5 Conditional uses. The following uses may be allowed by conditional use in the MH-3 District, subject to the provisions of section 19-13: (a) Group care facilities. (b) Planned developments. Subject to the following requirements, other uses which are not specifically enumerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. Based on these considerations, he shall determine that the proposed use's operating characteristics are substantially similar to, and its impact on 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 0©BO neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. Sec. 19-122.6 Special exceptions. The following uses may be allowed as special exceptions in the MH-3 District, subject to the provisions of section 19-21: None. Sec. 19-122.7 Required conditions. Park size and access. A manufactured home park shall contain at least ten acres and shall have more than one public street access. Front yard required for the manufactured home park. The minimum front yard of a manufactured home park adjacent to a public street shall be 50 feet, such distance to be measured between the front property line and the nearest manufactured home or other structure. Perimeter landscaping C shall be installed and maintained within this fifty (50) foot area in accordance with Division 3 of the Development standards manual (County Code §§ 19-516 through 19-519). Side and rear yards required for the manufactured home park. The minimum side and rear yards of a manufactured home park shall be 15 feet, such distance to be measured between (d) the park property line and the nearest manufactured home or other structure. Side and rear yards shall contain a screen, fence or landscape planting which shall be designed and planted to be 50 percent or more solid when viewed horizontally between two and six feet above average ground level. The planning director may modi~ this requirement if topography or other natural features present would render this screening requirement ineffective. Density requirements. Density shall be limited to no more than six units per acre of gross park area. Each lot for an individual unit shall not be less than 4,000 square feet in area and shall not be less than 58 feet wide. Manufactured homes shall be placed in pad sites so that, at the nearest point, they shall be at least 20 feet from all streets (internal and external) and parking areas and 30 feet from other manufactured homes. The setback requirements for manufactured homes shall be as follows: (1) Front yards. Minimum of 20 feet, (2) Side yards. Minimum of 15 feet, 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 10 (h) (3) Corner side yard. Minimum of 20 feet, (4) Rear yard. Minimum of 15 feet. Recreation area required. At least ten percent of the gross park area shall be designated and reserved for suitable recreational areas. Fifty percent of such areas shall be provided outside of any established floodplain and shall have a slope of not more than five percent. Sufficient recreational equipment, such as swing sets, seesaws, picnic tables, benches, sandboxes, shall be installed within this area based on a plan approved by the director of planning (in conjunction with or as part of the site plan). Recreational equipment shall be designed, constructed and maintained to be safe, with no protruding bolts or sharp edges that may result in injury_. All required safety fall zones and surfacing standards shall be met. Placement. All manufactured homes shall be placed in a designated pad sites and shall not obstruct the use of, or overhang, any street, sidewalk or public utility easement. Parking. At least two parking spaces shall be provided within each manufactured home pad site. All required parking areas shall be constructed of bituminous concrete, concrete or other similar material. Park streets. All manufactured home pad sites shall abut upon a park street of not less than 24 feet in width or a parking area adjacent to a street. Parking is prohibited within park streets. Park streets shall have unobstructed access to a public street or highway. All park streets shall be constructed of bituminous concrete, concrete or other similar material. (k) (m) Underground utilities. All telephone, electrical distribution, water, fuel and other utility lines shall be placed underground. All sanitary waste water connections shall be located beneath the respective manufactured home. Refuse disposal. The storage and collection of refuse shall not create a health or fire hazard. All refuse shall be stored in flyproof, watertight, rodent proof containers, which shall be provided in sufficient capacity. The park management shall be responsible for the collection and proper disposal of all refuse. Skirts required. All manufactured homes shall be completely skirted as required by the Uniform Statewide Building Code. Street trees required. All internal streets within the manufactured home park shall be lined with trees. The trees shall have a minimum caliper of 2.5 inches. Each side of each internal street shall have the equivalent of at least one tree every_ fifty feet. The location and species will be located so that the manufactured homes may be replaced. The exact 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 11 0032 location and species shall be determined in conjunction with a plan approved by the director of planning. Street lights required. Street lighting shall be installed in manufactured home parks at intersections of internal streets. Street lighting shall also be installed in other locations as are found by the Department of Engineering to require lighting in the interests of safety and security for persons, property or traffic. Lighting shall be installed in accordance with standards approved by the Department of Engineering and shall be depicted on a plan approved by the director of planning (in conjunction with or as a part of the site plan). When possible, standards for locating street lighting shall comply with the adopted streetlight policy. 19-122.8 Site plan required. A site plan shall be required in accordance with the provisions of Article V., Division 2, County Code §§ 19-264 to19-272. OOO Sec. 19-123. Permitted uses by right. The folloWing uses shall be permitted by right in the A District: (a) Same as specified for R-88 District. (b) Farming, not including stock or dairy farming, but including all buildings and structures necessary to such use and the keeping, storage or operation of any vehicle or machinery necessary to such use. (c) Forestry operations and sawmills together with the incidental uses thereof. (d) Graveyards. (e) Kennel, private. (f) Permanent manufactured or niobil¢ home: Any manufactured or n~obil¢ home which is permitted by right in the zoning district in which it is located and for which a manufactured home permit or special exception is not required. OOO 2014(22):52670.1 (see also 51991.1) 6/26/01 10:36 AM 12 008,3 Sec. 19-173. Uses permitted with certain restrictions. The following uses shall be permitted in the C-5 District, subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to the provisions of section 19-13' (k) OOO Manufactured home, ~ modular home and travel trailer sales, service, repair and rental, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. OOO Sec. 19-178. Manufactured-or-mob~ homes. .... '-:'- home used as the principal residence of the owner/operator or A manufactured or employee of a business located on the property will be permitted, subject to obtaining a manufactured ~ home permit from the board of supervisors. Sec. 19-194. Permitted uses by right. OOO Within any I-3 District, no buildings, structures or premises shall be used or arranged or designed to be used except for one or more of the following uses: (×) OOO Manufactured or n~obile home manufacturing. Sec. 19-503. Solid waste storage areas. 000 (a) With the exception of garbage can and recycling container areas which serve single- or two-family dwellings, solid waste storage areas (solid waste storage area, garbage cans, trash compactors, recycling containers, etc.) shall be screened from view of adjacent property and public rights-of-way as follows: Solid waste storage areas on property which is adjacent to an A, R, R-TH, MI1 or R-MF district shall be screened from view of such district by a masonry or (1) 13 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 0034 concrete wall which is constructed of comparable materials to and designed to be compatible with the principal building that the solid waste storage area serves. However, solid waste storage areas that are located a minimum of 100 feet from the above-referenced district line may be screened in accordance with subsection (2). 000 (c) Solid waste storage areas (excluding garbage can and recycling container areas serving singe- or two-family dwellings) located within 1,000 feet of any A, R, R-TH, MH or R-MF districts shall not be serviced between the hours of 9:00 p.m. and 6:00 a.m. Such areas shall be prominently posted with a sign not to exceed six square feet designating the hours in which the solid waste storage area may be serviced. 000 Sec. 19-505. Measurement of yards. (a) In any project located in an O, C or I District, required setbacks shall be measured from the project boundaries and public rights-of-way regardless of whether individual lots are created. (b) The minimum front and corner side yard depths specified herein shall be measured horizontally from the existing street right-of-way line, except where a street is designated for widening or extension by an adopted plan, in which case the measurement shall be taken from the future right-of-way line. Yard measurements may be rounded to the nearest tenth of a foot. In determining the location of future right-of-way lines, the street shall be assumed to be widened equally on both sides of the established centerline to the full width designated by an adopted plan, unless (i) determined otherwise by the director of transportation or (ii) the department of transportation has on file an attested copy of an officially adopted detailed highway plan for such street widening, extension or location. Except for special access streets and streets reduced through the subdivision process, no street in an R-TH, R-MF, R, MH-2, MH-3 or A District shall be considered, for the purpose of this section, as having a right-of-way less than 50 feet wide and in any other district less than 60 feet wide. Each yard shall be measured horizontally to the nearest point of the building or use area, except for allowable projections. Special access streets shall be considered, for the purpose of this section, as having a fight-of-way or easement width of a minimum of 50 feet. Setbacks from special access streets shall not be required unless the director of transportation determines that they are necessary to achieve safe ingress and egress to the property adjoining the street. Special access streets shall not be located within required front or corner side yard setbacks. OOO 2014(22):52670. l(see also 51991.1) 14 6/26/01 10:36 AM ' 00;35 19-508.2 Requirements for manufactured home parks. Manufactured home parks in all districts except MH-2 and MH-3 are subject to the standards for MH-1 districts found at County Code §§ 19-113 through 19-117.3. OOO Sec. 19-510. Restrictions and limitations--Agricultural, residential, residential townhouse, multi-family residential, manufactured homes. (a) Parking and storing recreational Equipment in R, R-TH, MH and R-MF Districts: (1) In all MH-2, MH-3 and R Districts, only two items of recreational equipment may be parked on a zoning lot for each dwelling unit thereon, outside of a totally enclosed building. Further, all recreational equipment shall be parked or stored in a rear yard, except for loading or unloading, and shall be set back at least ten feet from the rear lot lines and five feet from the side lot lines. No trailer or vehicle shall have its wheels removed except for repair purposes. (2) (3) No recreational equipment shall be used for living or business purposes or connected to utility services except for maintenance purposes. In R-TH, and R-IMF Districts, parking and storing recreational equipment shall be prohibited unless a common storage area(s) is (are) provided for the parking. Parking spaces for recreational equipment and/or vehicles shall be in addition to that required for parking private vehicles. The storage area(s) shall be effectively screened from view. (b) Truck Parking in R, R-TH, MH and R-MF Districts. No off-street parking area or other premises in an R, R-TH, MH and R-MF District, except on a farm where the parking is incidental to the farming use being conducted on the property, shall be used for the parking or storage of any truck or commercial vehicle exceeding 4,000 pounds net weight and having more than two axles, except while loading or unloading on the premises. (c) Parking areas for five or more vehicles on lots in A, R, MH and R-TH districts, which are not used for residential purposes, shall conform to the parking requirements as though the property were located in an O, C or I District. Sec. 19-513. Parking spaces required. OOO 2014(22):52670. l(see also 51991.1) 15 6/26/01 10:36 AM 003~ Except as provided for in section 19-608(a), the minimum number of parking spaces to be provided for each use shall be as follows: Use (a) Number of Spaces Residential and Lodging: (1) Dwellings, to include 2 for each single-family, two-family; dwelling unit multifamily, townhouses and manufactured or-mobile homes outside of MH-1 zoning districts (2) Motels, hotels, boardinghouses 1 per bedroom With lounges/restaurant With meeting facilities Secs. 19-523. (3) Rest homes and nursing homes ooo Buffer width matrix. Add 1 per 150 square feet for such area Add 1 per 3 seats for such area 1 for each 4 beds The required width of buffers shall be determined from the following matrix. The left column of the matrix represents the use of the zoning lot on which the buffer must be provided and the top column of the matrix represents the use of property contiguous to the zoning lot. The interior numbers in the matrix represent the width in feet of the required buffer on the zoning lot: BUFFER WIDTH MATRIX m· 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 16 R-7/88 R-TH/R-MF MH Districts 00:37 A* + + R-7/88 + + R-TH/R-iMF + 50** MH Districts + 50** 0-1 + 40 0-2 + 50 C-1 + 40 C-2 + 50 C-3 + 75 C-4 + 75 C-5 + 100 I-1 + 50 1-2 + 75 1-3 + 100 *Note: Buffers adjacent to vacant property zoned "A" shall be determined based the property's designation on the comprehensive plan. **Note: Where property zoned R-7 through R-88 is adjacent to property zoned R-TH~ or R-MF, or MH a buffer shall be required on the R-TH: or R-MF or MH property. No buffers are necessary between any single-family residential districts unless required by the board of supervisors, planning commission (modification to development standards and requirements only) or board of zoning appeals. OOO Secs. 19-551. Street__ _~,frontaoe renulre'4--~es;'ten~;a~-a - ~ ~- .~- ,. · ' ....... "--'~" '' and ahr:cu"ura'.g~ ~t ! 2014(22):52670. l(see also 51991.1) 17 6/26/01 10:36 AM (a) Unless otherwise specified and except for farm buildings, a lot outside a subdivision, as defined in section 17-2, used in whole or in part for dwelling purposes, including permanent manufactured or-mobile homes, shall abut for at least 50 feet upon a street. No lot or parcel of land abutting the terminus of a public street shall be considered to have its principal frontage on a public street unless the lot fronts for at least 30 feet on a recorded cul-de-sac. A lot or parcel without street frontage may be used for temporary dwelling purposes with a manufactured or mobile home; however, in considering applications for manufactured ~ home permits and special exceptions, in addition to other land use considerations, due regard shall be given to whether the lot or parcel abuts for at least 50 feet upon a street. (b) Unless otherwise specified, no permit for erecting, moving or converting any building on a parcel outside a subdivision, as defined in section 17-2 shall be issued unless the street adjoining the parcel where the building is to be erected, moved or converted is a part of the state highway system, primary or secondary. This provision shall not apply to farm buildings or other structures not designed for human habitation. Sec. 19-552. One main building on each residential, manufactured home or agricultural lot. Except in the case of planned developments, every principal, detached residential building structure, including a permanent manufactured or-mobile home, hereafter erected, installed or structurally altered on a lot shall be located in a R, R-TH, MH-2, MI-t-3 or A district, and in no case shall there be more than one such building per lot, unless otherwise permitted in this article. ooo Sec. 19-553. Residential, townhouse residential, manufactured home and multifamily residential land not to be used for commercial access. No portion of any parcel or lot which is located in any R, R-TH, MH or R-MF District shall be used for access (except public roads) to any land which is located in an O, C or I district, or used for any purposes not permitted in any R, R-TH, MH or R-MF District. Sec. 19-554. Fences in residential, multifamily residential, manufactured home and townhouse residential districts. In R, R-MF, MH and R-TH districts, unless otherwise specified, no fence or wall more than four feet high shall be permitted in any front or corner side yard, nor shall any fence or wall more than seven feet high be permitted in any side or rear yard. On a corner lot, no structure or planting which might obstruct vision between a height of two feet six inches and a height of eight feet above the established curb grade shall be permitted within a distance of 20 feet in either direction from the corner. At intersections of driveways with streets, no structure or planting which might 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 18 obstruct vision between a height of two feet six inches and a height of eight feet shall be permitted within a visibility triangle created by measuring ten feet in from the intersection of a driveway boundary and property lines away from the driveway with the ends of the two ten-foot lines connected in a straight line to form the visibility triangle. The above-mentioned heights shall be computed based on the elevation of the driveway that is perpendicular and adjacent to that portion of the structure or planting. Beyond the visibility triangle, there shall be no locational requirements for fences. 1 1 Property owners are advised to check easement locations before installing fences. Secs. 19-555. Required yards for accessory buildings and structures in R, R-TH, MH and A Districts. Except as indicated in this section, the yard requirements for permitted uses shall apply to the accessory buildings and structures. (1) In R, MH-2 and A Districts and in R-TH Districts identified in section 19-106, one-story detached accessory buildings, accessory structures which have a roof or any structures specified in section 19-507(0 except amateur radio antennas in excess of 50 feet in height shall observe a side yard setback not less than half the required side yard for a permitted use; a front yard setback of the lesser of half the average depth of the lot or 80 feet; and a rear yard setback of not less than ten feet; except that an accessory building or structure which as a roof located on a through lot shall meet a rear yard setback of not less than 30 feet and an accessory building or structure which has a roof located on a corner lot shall observe a corner side yard setback not less than the required front yard setback for a permitted use. In any R District, amateur radio antennas in excess of 50 feet, but no greater than 75 feet, in height, shall conform to the side and rear yard setback requirements for principal structures of the respective zoning district and a front yard setback of the lesser of half the average depth of the lot or 80 feet. Provided, however, the antenna may be attached to the side or rear of the principal structure if the principal structure meets the setback requirements of the respective zoning district. In any R-TH District, amateur radio antennas in excess of 50 feet, but no greater than 75 feet, in height, shall be attached to the side or rear of the principal structure. 2014(22):52670.1(see also 51991.1) 6/26/01 10:36 AM 19 0040 (2) (3) (4) (5) Except for the R-TH Districts identified in section 19-106, in R-TH Districts attached and detached carports, garages, storage buildings or other similar accessory structures are permitted on individual lots and shall observe the front, side and corner side yard setback for the principal building. No rear yard setback shall be required. To ensure adequate usable open space on each lot, one wall of any such accessory structure must abut an interior side property line. A privacy yard having a minimum size often by 25 feet shall be maintained on each lot where there are such structures. An accessory structure in an R-TH District shall cover no more than 45 percent of the required rear yard. In R, MH-2 and A Districts and lots in R-TH Districts identified in section 19-106, a detached accessory building having more than one story shall observe an interior side yard not less than the side yard required of the permitted use; a rear yard setback of not less than half the required rear yard for a permitted use, except that a building located on a through lot shall meet a rear yard setback of not less than 30 feet; a corner side yard setback of not less than the front yard requirement for a permitted use; and a front yard setback the lesser of half of the average depth of the lot or 80 feet. In R, MH and A Districts and lots in R-TH Districts identified in section 19-106, a detached accessory building shall cover no more than 20 percent of the required rear yard. In R, MH-2 and A Districts and lots in R-TH Districts identified in section 19-106, carports attached to single-family dwellings shall observe interior side yard setbacks not less than half the required side yard in that district, but in no case less than five feet. Sec. 19-556. Heights--Agricultural, residential, townhouse residential, manufactured home and multifamily residential. The maximum height of all buildings and structures shall be as follows, unless otherwise provided in section 19-507 or in section 19-557: (1) R-88, R-40, R-25, R-15, R-12, R-9, R-7, MH-1, MH-2, MH-3, R-TH and R-MF districts: All buildings or structures other than accessory and multifamily: Three stories or 40 feet, whichever is less. 2014(22):52670.1 (see also 51991.1) 6/26/01 10:36 AM 20 OO41 Multifamily: All buildings and structures except for accessory and those projects listed in section 19-112, six stories or 70 feet, whichever is less. Accessory buildings and structures: One-half the height of the principal building or 25 feet, whichever is greater. Further, in R-TH Districts, except those lots listed in section 21.1-100(a), no windows, doors or other similar Openings shall be permitted above one story or ten feet, whichever is less. In R-TH Districts, except those specified in section 19-106, accessory buildings or structures that abut a common side property line shall maintain a solid wall (having no windows, doors or other similar openings) along said adjoining property line. (2) A districts: All buildings or structures other than farm or accessory: Three stories or 40 feet, whichever is less. b. Farm accessory buildings and structures: 50 feet. Accessory buildings or structures: One-half the height of the principal building or 25 feet, whichever is greater. Sec. 19-557. Heights--Agricultural, residential, townhouse residential, manufactured home and multifamily residential in village districts. The maximum height of all buildings and structures shall be as follows, unless otherwise provided in section 19-507: (1) (2) Midlothian Village Core, Chester Village Corridor East: All buildings or structures, other than accessory: Two and one half stories or 30 feet, whichever is less. Accessory buildings or structures: One-half the height of the principal building or structure or 25 feet, whichever is greater. Further, in R-TH Districts, except those lots listed in section 19-106(a), no windows, doors or other similar openings shall be permitted above one story or ten feet, whichever is less. Accessory buildings or structures that abut a common side property line shall maintain a solid wall (having no windows, doors or other similar openings) along said adjoining property line. All other village district areas: 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 21 004 All buildings or structures other than accessory: Three stories or 40 feet, whichever is less. Accessory buildings or structures: Half the height of the principal building or 25 feet, whichever is greater. Further, in R-TH Districts, except those lots listed in section 19-106(a), no windows, doors or other similar openings shall be permitted above one story or ten feet, whichever is less. Accessory buildings or structures that abut a common side property line shall maintain a solid wall (having no windows, doors or other similar openings) along said adjoining property line. OOO Sec. 19-573. Exterior lighting. All exterior lights shall be arranged and installed so that the direct or reflected illumination does not exceed five-tenths footcandle above background, measured at the lot line of any adjoining A, R, R-TH, MH or R-MF district. Except in village districts where light standards may be required to be compatible with unique architectural styles, lighting standards shall be of a directional type capable of shielding the light source from direct view from any adjoining A, R, R-TH, MH or R-iMF district or public right-of-way. OOO Sec. 19-575. Outside storage areas. All outside storage areas shall be screened, in accordance with division 1, subdivision IV, of this manual: (i) from view of any adjacent properties on which such uses are not permitted; (ii) from property in an A district that is designated on the comprehensive plan for R, R-TH, R-MF, A, O: MH or I-1 districts; and (iii) from public rights-of-way. The view of outside storage areas shall be minimized from limited access roads. Views may be minimized through site and architectural design, topography, landscaping, setbacks or other features. In I-2 and I-3 districts, outside storage areas need not be screened from view of any 1-2 or I-3 district or from any public right-of-way which does not accommodate or is not intended to accommodate through traffic movements. Outside storage shall include, but not be limited to, parking of all company-owned and -operated vehicles, with the exception of passenger vehicles and trucks designed such that the cargo area may be accessed from the driver's seat without exiting the vehicle. ooo 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 22 0C48 Sec. 19-578. Yard requirements and other development standards adjacent to A, R, R-TH, MH and R-MF districts where A, R, R-TH, MH and R-MF property is occupied by or zoned for nonresidential or nonagricultural use. If property in an O, C or I district is adjacent to property in an A, R, R-TH, MH or R-MF district and the latter property is occupied by or zoned for a nonresidential or nonagricultural use without a time limit, the variations in yard requirements and other development standards specified by this chapter where adjacent to O, C or I districts shall be permitted. ooo Sec. 19-582. Exceptional development standards in the Jefferson Davis Highway Corridor. (a) Parking: Parking requirements in the Jefferson Davis Highway Corridor shall be calculated based on section 19-513 or based on four and four-tenths spaces per 1,000 square feet of gross floor area, the lesser of the two. Improved, designated parking spaces in a public right-of-way may be counted toward the required number of parking spaces when more than one-half of each such space adjoins the site. Further, the required number of parking spaces may be reduced by ten percent if the development contains a pedestrian way system that connects to existing walkways or that may be connected to future walkways. (b) Landscaping: No interior parking lot or perimeter landscaping shall be required. Perimeter landscaping H shall be installed in all front and corner side setbacks, except when parking or driveways are located at the ultimate right of way line. Tree preservation, in accordance with sections 19-518(d) and 19-521 (b) shall be required, except where parking or driveways are located at the ultimate right of way line. (c) Buffer width matrix: The required width of buffers shall be determined from the following matrix. The left column of the matrix represents the zoning of the lot on which the buffer must be provided and the top column of the matrix represents the zoning of property contiguous to the zoning lot. The numbers in the matrix represent the width in feet of the required buffer: A1 R-7/88 MH Districts 2014(22):52670.1(see also 51991.1) 6/26/01 10:36 AM 23 O04;'t A1 + + R-7/88 + + R-TH/R-MF + 252,3 MH Districts + 252,3 O-1 + 253 0-2 + 253 C-1 + 253 C-2 + 253 C-3 + 253 C-4 + 253 C-5 + 253 I-1 + 253 I-2 + 753 I-3 + 1003 1Buffer widths adjacent to vacant agriculturally zoned property shall be determined based on the land use designation shown on the comprehensive plan for the property. 2When property zoned R-7 through R-88 is adjacent to R-TH~ or R-MF MH property, a buffer shall be required on the R-TH: or R-MF, MH property. There shall be no buffer requirements between any single-family residential districts unless required by the board of supervisors, planning commission or board of zoning appeals. 3 Except in MH districts, bl!½uffers shall not be required if this article permits buildings or parking areas to be constructed without being set back from the property line. ooo Sec. 19-594. Permitted variations in yard requirements. 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 24 The required minimum yards for any zoning lot or parcel, or adjacent to limited access roads, or as noted below, may be reduced as follows with the provision of additional landscaping: (1) Setbacks along major arterials: Except in I-2 or I-3 districts, the required setback for buildings, drives and parking areas along major arterials may be reduced to 50 feet with the installation of perimeter landscaping C. (2) Front and corner side yards: Except in 1-2 or I-3 districts, the required front and corner side yard setback along public rights-of-way other than major arterials may be reduced to 25 feet with the installation of perimeter landscaping C. (3) Side yards: The required side yard may be reduced to ten feet with the installation of perimeter landscaping B, except when adjacent to any A, R, R-TH, MH or R-MF district. (4) Rear yards: The required rear yard may be reduced to 20 feet with the installation of perimeter landscaping B, except when adjacent to any A, R, R-TH, MH or R-MF district. Sec. 19-595. Architectural treatment. No building exterior (whether front, side or rear) which would be visible tO any A, R, R-TH, R-MF, MH or O district or any public right-of-way shall consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. Nothing in this section shall preclude the use of different materials on different building exteriors, but rather shall preclude the use of inferior materials on sides which face adjoining property. No portion of a building that is constructed of unadorned concrete block or corrugated and/or sheet metal shall be visible from any adjoining A, R, R-TH, R-MF, MH or O district or any public right-of-way. No building exterior shall be constructed of unpainted concrete block or corrugated and/or sheet metal. ooo Sec. 19-602. Permitted variations in yard requirements. The required minimum yards for any zoning lot or parcel, except those located in an I-2 or 1-3 District or adjacent to limited access roads, may be reduced with the provision of additional landscaping and/or if adjacent property is zoned for a similar use, as follows: (1) Setbacks along major arterials: The required setback for buildings, drives and parking areas along major arterials may be reduced to 25 feet with the installation of perimeter landscaping C. 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 25 (3) (4) Front and corner side yards: The required front and corner side yard setback for buildings along public rights-of-way other than major arterials may be reduced to 25 feet with the installation of perimeter landscaping B. Side yards: In the I-2 and I-3 districts, the required side yard setback for buildings may be reduced to 10, except when adjacent to any A, R, R-TH, MH or R-MF district. The required side yard setback for buildings may be reduced to zero in all other districts, except when adjacent to any A, R, R-TH, MH or R-MF district. Rear yard: No reduction shall be permitted. 000 Sec. 19-604. Heights. The maximum height of all buildings or structures within any office, business or industrial district shall be as follows, except as outlined in section 19-507 and 19-507.1 or as otherwise specified in this article: (1) (2) (3) (4) In office and business districts, no buildings or structures shall exceed a height of three stories or 45 feet, whichever is less, except offices hospitals and hotels, which may be constructed to a height of 12 stories or 120 feet, whichever is less. In I-1 Districts, no buildings or structures shall exceed a height of three stories or 50 feet, whichever is less, except offices, hospitals and hotels, which may be constructed to a height of 12 stories or 120 feet, whichever is less. In 1-2 and I-3 Districts, no buildings or structures shall exceed a height of 150 feet. No buildings or structures within 100 feet of any undeveloped property within an R, R-TH, MH or R-MF district, or any undeveloped property in an A district that is designated for residential use by the comprehensive plan, shall exceed a height of three stories or 50 feet, whichever is less. No building or structure within 200 feet of any existing residential neighborhood shall exceed a height of two stories or 30 feet, whichever is less. However, if there is an existing dwelling more than two stories in height within 100 feet of the district, the height of the building or structure may be increased to the height of the dwelling. O O O 2014(22):52670. l(see also 51991.1) 26 6/26/01 10:36 AM 0047 Sec. 19-608. Exceptional development standards. OOO (h) Buffers and screening in the Ettrick Village Core: Buffers required by section 19-523 shall not apply. If parking is provided on any property in an O, C or I district adjacent to an R, R-TH~ MH or R-MF district, a 1 O-foot wide buffer shall be provided. This buffer shall include an evergreen hedge with a minimum installed height of four feet or a solid fence or wall six feet in height. Along side property lines that abut property in R, R-TH, MH or R-MF districts, this buffer may be reduced to a width of three feet in accordance with section 19-609(g)(2). Sec. 19-609. Setback requirements for O and C Districts. 000 (b) Midlothian Village Fringe: The maximum and minimum setbacks for all buildings, drives and surface and deck parking areas shall be as follows: (1) Setbacks along major arterials: The minimum setback along major arterials for buildings shall be 50 feet; however, this minimum shall be increased as authorized by the director of planning when the average setback of the existing building(s) on one or more sides and within 200 feet of the subject lot is more than 50 feet. Perimeter landscaping E shall be provided within the setback. The minimum setback along major arterials for drives and parking areas shall be no less than the front line of the building with the least setback on the lot. If there is no building on the lot, the minimum setback shall be 50 feet. Perimeter landscaping E shall be provided within the setback. (2) Front and corner side setbacks: The minimum front and corner side setbacks along rights-of-way other than major arterials for buildings shall be 25 feet with the installation of perimeter landscaping D. bo The minimum front and corner side setbacks along rights-of-way other than major arterials for drives and parking areas shall be no less than the front line of the building with the least setback on the lot. If there is no building 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 27 on the lot, the minimum setback shall be 25 feet. Perimeter landscaping D shall be provided within the setback. (3) Side setbacks: The minimum side setback for buildings, drives and parking areas shall be 30 feet with the installation of perimeter A. The minimum side setback may be reduced to ten feet with the installation of perimeter landscaping B, except when adjacent to any R, R-TH, R-MF, MH or A District. (4) Rear setbacks: The minimum rear setback for buildings, drives and parking areas shall be 40 feet with the installation of perimeter landscaping A. The minimum rear setback may be reduced to 20 feet with the installation of perimeter landscaping B, except when adjacent to any R, R-TH, R-MF, MH or A District. (5) Setbacks for gasoline pumps: The setbacks for gasoline pumps and drives serving gasoline pump islands shall be the same as those for drives and parking areas as required in paragraphs (1) through (4) above. 000 (e) Chester Village Fringe East, Chester Village Fringe West: The minimum setback for all buildings, drives and surface and deck parking areas shall be as follows: (1) Setbacks along major arterials: The minimum setback along major arterials for buildings, drives and parking areas shall be 25 feet with the installation of perimeter landscaping G. within the setback. (2) Front and corner side setbacks: The front and corner side setbacks along roads other than major arterials shall be the same as those required along major arterials. (3) Side setbacks: Except as noted below, the minimum side setback for buildings, drives and parking areas shall be 30 feet with the installation of perimeter landscaping A. However, the minimum side setback may be reduced to ten feet with the installation of perimeter landscaping B, except when adjacent to any R, R-TH, R-IMF, MH or A District. When abutting an O, C or I District, the minimum setback shall be zero feet. When abutting other property designated by the Chester Village Plan for non-single-family residential land uses, the minimum setback for buildings shall be seven and one-half feet unless waived by the director of planning at the request of the adjacent property owner, in which case the minimum setback shall be reduced to zero feet provided there are no openings in the wall built along the property line. When abutting other property designated by the Chester Village Plan for non-single-family residential land uses, the minimum setback for drives 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 28 Ol 4B and parking areas shall be zero feet; however, if the adjacent property is occupied by a residence, a solid screen or fence at least four feet high shall b~ installed unless waived by the director of planning at the request of the adjacent property owner. Vacant property located within the area designated by the Chester Village Plan as "mixed use: neighborhood office and single-family residential" shall be considered a non-single-family residential land use regardless of the zoning of the parcel. (4) Rear setbacks: Except as noted below, the minimum rear setback for buildings, drives and parking areas shall be 40 feet with the installation of perimeter landscaping A. However, the minimum rear setback may be reduced to 20 feet with the installation of perimeter landscaping B, except when adjacent to any R, R-TH, R-=-W, R-MF, MH or A District. When abutting an O, C or I District, the minimum setback shall be zero feet. When abutting other property designated by the Chester Village Plan for non-single-family residential land uses, the minimum setback for buildings shall be 25 feet unless waived by the director of planning at the request of the adjacent property owner, in which case the minimum setback shall be reduced to zero feet provided there are no openings in the wall built along the property line. When abutting other property designated by the Chester Village Plan for non-single-family residential land uses, the minimum setback for drives and parking areas shall be zero feet; however, if the adjacent property is occupied by a residence, a solid screen or fence at least four feet high shall be installed unless waived by the director of planning at the request of the adjacent property owners. Vacant property located within the area designated by the Chester Village Plan as "mixed use: neighborhood office and single-family residential" shall be considered a non-single-family residential land use regardless of the zoning of the parcel. (5) Setbacks for gasoline pumps: The setbacks for gasoline pumps and drives serving gasoline pump islands shall be the same as those for drives and parking areas as required in paragraphs (1) through (4) above. OOO (g) Bon Air Village: The minimum setbacks for all buildings, drives, and surface and deck parking areas shall be as follows: (1) Front and corner side setbacks: The minimum front and corner side setbacks shall be zero feet. (2) Side setbacks: Except as noted below, the minimum side setback shall be 15 feet with the installation of perimeter landscaping B for property adjacent to any R, 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 29 O050 R-TH, R-MI:, MH District or any property designated for an R, R-TH or R-MF District on the comprehensive plan or any property used for residential purposes. This setback may be reduced to 0 feet upon installation of a wall, eight feet in height, made of material similar to the principal building or by locating the main building's wall (with no openings) adjacent to the residential property. When abutting an O, C or I District or property occupied by an O, C or I use, the minimum setback shall be zero feet. (3) Rear setbacks: Except as noted below, the minimum side setback shall be 25 feet with the installation of perimeter landscaping B for property adjacent to any R, R-TH, R-M1x, MH District or any property designated for an R, R-TH, MH or R-MF District on the comprehensive plan or any property used for residential purposes. This setback may be reduced to 0 feet upon installation of a wall, eight feet in height, and made of material similar to the principal building or by locating the main building's wall (with no openings) adjacent to the residential property. When abutting an O, C or I District or property occupied by an O, C or I use, the minimum setback shall be zero feet. OOO Sec. 19-611. Architectural treatment. (a) Within the Ettrick Business Core: (1) New development shall be compatible with the pedestrian scale and historic village character of Ettrick. New or altered buildings should be generally consistent in height, scale, massing (shape) and materials with existing structures in the village. The intent of this section is to insure functional and visual compatibility, not to specifically encourage imitation of past architectural styles. (b) Within all other village districts: No building exterior (whether front, side or rear) shall consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. Nothing in this section shall preclude the use of different materials on different exteriors (which would be acceptable if representative of good architectural design) but rather, shall preclude the use of inferior materials on sides which face adjoining property and thus, might adversely impact existing or future development causing a substantial depreciation of property values. No portion of a building constructed of unadorned cinder block or corrugated and/or sheet metal shall be visible from any adjoining A, R, R-TH, R-MF, MH or O District or any public right of way. Further, buildings shall be designed to impart harmonious proportions and to avoid monotonous facades or large bulky masses. Buildings shall possess architectural variety but shall 2014(22):52670.1(see also 51991.1) 6/26/01 10:36 AM 3O be compatible with existing structures, especially nearby structures of high historic interest. New or remodeled buildings shall enhance an overall cohesive village character as reflected in existing structures. This character shall be achieved through the use of design elements--including, but not limited to, materials, balconies and/or terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, varied roof lines or other appurtenances such as lighting fixtures and/or planting--as are described in the applicable adopted plans and guidelines. Sec. 19-612. Heights. The maximum height of all buildings within any O, C or I district shall be as specified in this section, except as provided in section 19-507 and 19-507.1 (1) Midlothian Village Core, Chester Village Corridor East: No structure shall exceed a height of two and one-half stories or 30 feet, whichever is less. (2) All other village district areas: No structure shall exceed a height of three stories or 45 feet, whichever is less. (3) Generally: No structure within 200 feet of any property in an R, R-TH, MH or R-MF district shall exceed a height of two and one-half stories or 30 feet, whichever is less. However, if there is an existing dwelling more than two and one-half stories in height within 100 feet of the district, the height of the structure may be increased to the height of the dwelling. (2) That this ordinance shall become effective immediately upon adoption. 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 31 OPTION 19-117.1 Recreational Vehicles. (g) All manufactured homes shall be set back a minimum of 5feet, inclusive of the hitch, measured from the edge of the street, or, for those parks without paved streets, from the edge of the travel way. Manufactured homes shall not obstruct the use of any street, travel way, sidewalk, or public utility easement. 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 32 O0. B CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~ Date: August 22, 2001 Item Number: ?. Su~ect: Consideration of Amending Section 2-79 of the County Code and Adoption of Various Administrative Policies Requiring Background Checks for County Volunteers; Rescue Squad Volunteers and Volunteers/Coaches of Co-Sponsored Recreation Groups County Administrators Comments: Adopt proposed ordinance and policies with the limitation that the County will check the Social Services' Central Registry of Child Abuse and Neglect for cosponsored groups and rescue squads only if they request the County to do so and for county volunteers only if they have unsupervised contact with children. Board Action Requested: Amend the County Code to require background checks for County volunteers and Rescue Squad volunteers and approve administrative policies requiring background checks for volunteers/coaches of co- sponsored groups. Summary of Information: This item was deferred from the June 20th Board meeting. On April 4, the public hearing was closed and the item was deferred to June 20 in order for Board members to receive additional information from child abuse prevention organizations. On June 20, the item was deferred again. In November 1999, the Board of Supervisors adopted an ordinance requiring background checks on all County employees who work with juveniles. At that time, the Board directed the County Administrator to establish a committee to review the issue of background checks for county government volunteers and volunteers/coaches for Parks and Recreation co-sponsored groups. The committee made the following recommendations: -over- Steven L. Micas Attachments: Yes [----] No Title: County Attorney 0614:54283.1(52331.2) 00.54' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Amend the County Code to require background checks for County volunteers that work with juveniles and for rescue squad volunteers; o Adoption of the attached administrative policy to provide specific guidelines governing background checks on County volunteers and volunteers for Rescue Squads; and Adoption of a second administrative policy (attached) requiring background checks for volunteers/coaches of co-sponsored organizations. The requirement to conduct background checks for volunteers/coaches will be included within the County's contractual agreements with co-sponsored groups. At the April 4th meeting, Mr. Ramsey recommended approval of the Committee's recommendations with the following modifications: the County will check the Department of Social Services' Central Registry of Child Abuse and Neglect (i) for co-sponsored groups and rescue squads only if they request the County to do so and (ii) for county volunteers only if they have unsupervised contact with children. At the June 20th meeting, Mr. Miller indicated that he was working on drafting an alternative approach for background checks for the co-sponsored volunteers. Since the meeting Mr. Miller advised us that he will have an alternative proposal that he will be presenting to the Board at the meeting. 0055 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING SECTION 2-79 RELATING TO CRIMINAL HISTORY AND CHILD PROTECTIVE SERVICES REGISTRY SEARCHES OF VOLUNTEERS FOR COUNTY DEPARTMENTS AND RESCUE SQUADS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (I) 7hat the Code o_f the Coun_ty of Chesterfield, 1997, as amended, is amended by re- enacting section 2-79 as follows: Section 2-79. Personnel background searches. a. In addition to other background searches authorized by local, state or federal law, the County Administrator and his designees are authorized to conduct (1) criminal history record searches (2) sex offender and crimes against minors registry searches and (3) child protective services central registry searches on the following individuals: 1. Full-time and part-time County employees who provide services to juveniles. 2. Applicants for County employment, both full-time and part-time, who will provide services to juveniles and who have received a conditional offer of employment. 3. Volunteers for county departments who will provide services to juveniles, and volunteer rescue squads. b. The County Administrator is authorized to identify employee and volunteer positions which meet the criteria of subsection a, to determine the appropriate data base(s) to access, and to ,,,~,.,,~,,~,,~L, ,u,~. ,~ ~,~,, adopt an administrative policy which implements the provisions of this section. Such administrative policy shall indicate whether such searches shall be universal or random and shall identify consequences for past behavior. -- -' b and c shall c. All employees,--re'rd applicants and volunteers identified in subsections a~ execute, as a condition of employment or service, the necessary documents to permit the searches described in this section and shall cooperate with all agencies providing information. d. Any employee disciplined as a result of a background search may grieve such discipline in accordance with the County grievance procedure. e. In the interest of public welfare and safety it is necessary to determine whether the past criminal or protective services conduct of each person described in subsections a: and b and c is compatible with the nature of each person's employment or service. (2) That this ordinance shall become effective immediately upon adoption. 0614:52331.2 III. Barrier Crimes: Ao No individual shall be permitted to participate in a co-sponsored youth organization if the results of the background check show that the person has ever been convicted of any of the following crimes as set out in Title 18.2 of the Code of Virginia as may be amended or equivalent offenses in another state: 1. Crimes Against The Person ao g. h. i. j. k. murder and manslaughter (§18.2-30 et seq.) malicious wounding by mob (fi 18.2-41) abduction (~§ 18.2-473, -48) felony assault and bodily wounding ( §18.2-51 et seq.) robbery ( 518.2- 58) carjacking (518.2-58.1) extortion and other threats (§518.2-59, -60) sexual assault ( 518.2-61 et seq.) felony stalking (5 18.2-60.3) any other felonies against the person as defined by the Code of Virginia convictions of any attempts or conspiracies to commit any of the aforesaid crimes. 2. Crimes Against Property a. felony arson (518.2-77 et seq.) b. burglary ( § 18.2-89 et seq.) c. convictions of any attempts or conspiracies to commit any of the aforesaid crimes. Crimes Involving Health and ,5~ a. felony violation relating to the possession or distribution of drugs (518.2- 247 et seq.) b. drive-by shooting (518.2-286.1) c. use of machine gun in a crime of violence (§ 18.2-289) d. aggressive use of machine gun (5 18.2-290) e. use of sawed off shot gtm in crime of violence (§ 18.2-300A) f. felonious discharge of firearms within or at occupied dwellings (5 18.2-279) g. convictions of any attempts or conspiracies to commit any of the aforesaid crimes. 4. Crimes Involving Morals and Decency ao failing to secure medical attention for injured child (5 18.2-314) pandering (§ 18.2-355) crimes against nature involving children (518.2-361) ho ko taking indecent liberties with children (§§ 18.2-370, -370.1) abuse and neglect of children (§ 18.2-371.1) obscenity offenses (§18.2-374.1) possession of child pornography or electronic facilitation of pornography (§§ 18.2-374.1:1, -374.3) incest (§ 18.2-366) abuse and neglect of incapacitated adults (§ 18.2-369) employing or permitting a minor to assist in an act constituting an obscenity offense (§ 18.2-372 et seq.) convictions of any attempts or conspiracies to commit any of the aforesaid crimes. Crimes Against Minors Any conviction for crimes against minors, felony or misdemeahor, iftclusive of the crimes set forth above. IV. All Other Crimes All pending charges for barrier crimes (excluding crimes against minors) and convictions for other crimes revealed through a background check shall be reviewed on a case by case basis to determine if the individual poses a safety risk to the children involved in the program. No individual may be found ineligible bemuse of pending charges, except for barrier crimes. However, an individual may ultimately be found ineligible if the previously pending charge results in a conviction which indicates flint the individual poses a safety risk to children. Any pending charges, felony or misdemeanor, against minors, shall render the individual ineligible qmfiJ.such charges ~vc.~gzn s~t~f~:t~r'.'!y rzcmlv:~, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: August 22, 2001 Item Number: 8.A. 1. Subject: Nomination and Appointment of Directors to the GRTC Transit System ("GRTC") Board of Directors and Authorization to Elect Directors at GRTC Annual Meeting County Administrator's Comments: County Administrator: Board Action Requested: Nominate and appoint three County directors to the GRTC Board for a one-year term and authorize the County Administrator or his designee to appear at the October 17, 2001 GRTC annual meeting to vote for the directors appointed by the Board and by Richmond City Council. Summary of Information' GRTC is a publicly-owned corporation which was formed to provide public transportation se~ices in the Richmond regional area. Chesterfield County and the City of Richmond each own 50% of GRTC as its two sole shareholders. GRTC is governed by a six- me~er board of directors, three appointed by the County and three by the City. The term for David W. Mathews, Daniel K. Smith, and S. Joseph Ward, the County's current GRTC Directors, will expire on October 17, 2001, the date of the next GRTC annual share-holder's meeting. Under the GRTC by-laws, the Board may reappoint the current directors to the next term or may appoint new directors. There are no eligibility requirements to se~e as a director on the GRTC Board and the term of office is one year. Mr. Mathews, Mr. Smith, and Mr. Ward have expressed their willingness to continue to se~e an additional te~. Under the existing Rules of Procedure, Preparer: ~~L~_~, ~f~ Title: CountyAttorney Steven L. Micas 0423:53964.1 Attachments: -'-] Yes No 0057 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: August 22, 2001 Item Number: appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. The GRTC Articles require the County and the City of Richmond, as GRTC's shareholders, to vote at the October 17, 2001 annual meeting for the three directors appointed by the other jurisdiction. The Board should, therefore, also authorize the County Administrator or his designee to appear at the October 17 annual meeting and vote on behalf of the County for the GRTC Directors appointed by the Board and by City Council. r i i CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meetin~l Date: August 22, 2001 Item Number: 8.A.2. I II Subiect: Nominations/Appointments to the Youth Services Citizen Board County Administrator's Comments: County Administrator: ~ ~ Board Action Requested: Nominate/appoint members to serve on the Youth Services Citizen Board. Summary of Information: The purpose of the Youth Services Citizen Board (YSCB) is to advise the Board of Supervisors regarding planning and policies affecting youth development and to provide a community forum to focus on youth issues. Bermudm District. Supervisor McHale has recommended that the Board appoint Nell Johnson, a student at Chesterfield Community High School, to the Youth Services Citizen Board for a term from July 1, 2001 through June 30, 2002. Mr. Johnson meets all eligibility requirements to fill the vacancy and has indicated his willingness to serve. Supervisor McHale has also recommended that the Board appoint Melanie K. Walker-Ford, an adult, to the Youth Services Citizen Board for a term from July 1, 2001 through June 30, 2004. Ms. Walker-Ford meets all eligibility requirements to fill the vacancy and has indicated her willingness to serve. Title: Director, Youth Services Attachments: --lYes lNo 0059 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 I I I I Dale District. Supervisor Miller has recommended that the Board appoint Kelly M. Gosnell, a student at Meadowbrook High School, to the Youth Services Citizen Board for a term from July 1, 2001 through June 30, 2002. Ms. Gosnell meets all eligibility requirements to fill the vacancy and has indicated her willingness to serve. Matoaca District. Supervisor Humphrey has recommended that the Board appoint Lynne Foote, an adult, to the Youth Services Citizen Board for a term from July 1, 2001 through June 30, 2004. Ms. Foote meets all eligibility requirements to fill the vacancy and has indicated her willingness to serve. Under existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. CHESTERFIELD COUNTY l~ BOARDOFSUPERVISORSAGENDA Pagelofl Meetin~ Date: August 22, 200~ Item Number: 8.B.l.a. Su~ect: Transfer of $2,882 in Midlothian District Improvement Funds to the Police and Parks and Recreation Departments and the School Board to Defray the Costs of the Midlothian Village Day Festival County Administrator's Comments: Boar Action Requested: The Board of Supervisors is requested to transfer $2,882 in Midlothian District Improvement Funds to the Police and Parks and Recreation Departments and the School Board to rent space and equipment and provide services for the Midlothian Village Day Festival. Summary oflnformation: Supervisor Barber has requested the Board to transfer $2,882 in Midlothian District Improvement Funds to pay a portion of the costs incurred by the County to supply police, parks and recreation and school services to the Midlothian Village Day Festival. The Festival is a long-standing event that is co-sponsored by the County and is open to the general public. The Police and Parks and Recreation Departments and the School Board have traditionally given assistance to the Festival and the requested funds will help defray the costs incurred by these departments to rent equipment and space and provide services which the departments previously planned to provide. $250 of the amount will be transferred to the Police Department to provide uniformed officers, $2,300 will be transferred to Parks and Recreation to rent tables, chairs, a stage platform and other equipment, and $332 will be transferred to the School Board for the cost of renting the school and providing custodial services. This request originally came from the Midlothian Junior Women's Club. The County is legally prohibited from donating money to this organization. The Board is authorized, however, to defray the cost incurred by County Departments and the School Board. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: ~ ~ ~/~ Title: Director, Budget&Management ~ ~'eb c~a~ mckson 0423:53952.1 DISTRICT IMPROVEMENT FUNDS ~ ~'~?' APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. J What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) , _ seeking? Describe in detail the funding request and how the money, if approved, will be spent· Is any County Department involved in the project, event or program for which you are seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380.1 - 006 Page 2 If apPlicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? .Yes No Yes v// No Yes ,~" No What is the address of the applicant making this funding request? o What is the telephone number, fax number, e-mail address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of the organization. Signature Title (if signing on behalf of an organization) Printed Name 0063 Midlothian Junior Woman's Club P.O. Box 423 Midlothian, Virginia 23113 July 22, 2000 Kimberly Conley County Administration P.O. Box 40 Chesterfield, VA 23832 Dear Ms. Conley: Per our conversation, I am sending you the District Improvement Funds Application to help defray the costs of the 20th Annual Midlothian Village I)ay Festival and Craft Fair, sponsored by the Midlothian Junior Woman's Club. This year the festival will be held on Saturday, October 20% 2001 from 10 am to 4 pm at Midlothian Middle School on Midlothian Turnpike. As this is our 20th year sponsoring the festival, we are planning some special amusements to show our appreciation to the community for its support over the years. Also, some attractions were added to appeal to the older children; therefore, our costs are somewhat higher than last year. All activities are outdoors, and the event is held rain or shine! We will be publicizing this year's festival event through local newspapers, radio and television advertisements. Last year, over 10,000 people visited the festival throughout the day. As a member of the General Federation of Women's Clubs (world's largest non-profit women's service organization), the Midlothian Junior Women's Club donates proceeds from the Midlothian Village Day Festival to local charities. Last year, with your support, we helped groups such as Easter Seals Camp East, Warren's Hope, Meals on Wheels, Camp Comfort, Children's Emergency Fund, Noah's Children, A Playground for Katie, Legal Information Network for Cancer (LINC), Piedmont Search and Rescue, and many more. Donations and assistance to these organizations would not be possible without your support. Please take time to consider aiding us in our efforts by approving this application. Your help means a great deal to all of us in the Midlothian Junior Woman's Club and to our community. If you have any questions or would like more information about the Midlothian Junior Woman's Club, please contact me at 897-1066. Thank you again for your support! Sincerely, Susan Swan Midlothian Junior Woman's Club 00(;4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: August 22, 2001 Item Number: 8.B.l.b. Subject: Transfer of $3,000 in Midlothian District Improvement Funds to the Parks and Recreation Department for Athletic Field Maintenance at James River High School County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to transfer $3,000 in Midlothian District Improvement Funds to the Parks and Recreation Departments for maintenance to the field hockey/soccer field at James River High School Summary of Information: Supervisor Barber has requested the Board to transfer $3,000 in Midlothian District Improvement Funds to the Parks and Recreation Department for maintenance (mowing, field lining, litter pick up, fertilization) of the field hockey/soccer field at James River High School. This request originally came from the James River High School and F.C. Richmond Soccer. The County is not legally permitted to make donations to F.C. Richmond Soccer under Virginia law and the maintenance of the field will be performed by the Parks and Recreation Department rather than the school system. Accordingly, if the Board desires to approve this funding request, the funds should be transferred to the Parks and Recreation Department. This transfer is legally appropriate since it is for the maintenance of public capital improvements on County property. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement_ Fund ~f~port P repa~~× ~'-./-~ 5'~ ~//~e,,~.. Dickson ~achmonts: Yes ~ I No I I Title: Director, Budget & Management 0423:53953. ] 0065 DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to ~l application.) What is the amount of funding you are seeking? Describe in detail the funding request and how the money, if approved, will be spent. Is any County Department involved in the project, event or program for which you are seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380.1 0066 Page 2 .. If applicant is an organization, answer the following: Is the organization a corporation? Yes Is the organization non-profit? Yes Is the organization tax-exempt? Yes What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Signature of appliCant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairma~ o~f, the o,r~janization. Signature Title (if signing o alf of an organization) Printed Name I CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 ~ AGENDA Meeting Date: August ~,~., ~.00~ Item Number: 8.B.l.c. Subject: Transfer $8,175 from the Bermuda District Improvement Fund to the School Board to Purchase a Message Board for Thomas Dale High School County Administrator's Comments: County Administrator: ~. ~L~ ~ _.~ Board Action Requested: The Board is requested to transfer $$,175 from the Bermuda District Improvement Fund to the School Board to purchase a message board for Thomas Dale High School. Summary of Information: Supervisor McHale has requested the Board to transfer $8, 175 from the Bermuda District Improvement Fund to the School Board to purchase a message board for Thomas Dale High School. The message board wil,1 be located on property owned by the County. This request was originally made by the principal of Thomas Dale High School. The most appropriate method to fund this request is to transfer money to the School Board to help defray the School Board's cost of the message board. The County can legally give money to the School Board to make public capital improvements on County property. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. '/~~ec~jD-- '" ~ ' ' ' i~kson 0423:$4322.! 17 O1 Og:04a Thomas Dale High 804 DISTRICT IMPROVEMENT FUNDS This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) What is the amount of funding you are seeking? 175. Describe in detail the funding request and how the money, if approved, will be spent. Is any County Department involved in the project, event or program for which you are seeking funds? T~E: I ~J ~T I~ If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:2:t380. l APR-l?-2001 10:34 804 ?68 6256 9GX P, 02 t7 O1 09:04a Thomas Dale High 804 768 6256 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? ,Yes No % Yes ~ No Yes ~ No What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vic,~.--~ c]3air~an of the organizg~m~-~ / ) litle Jif ~i~nin oa b~half of ,n or~aniza.tion} Printed Na~' 0407:23380. RPF~-l?-200:l 10:~4 804 ?6Et 6256 P. 0~ JIJL--19--01 04:00 2510 WitIis Road ~,:THOMA9 DALE HIGH SCHOOL ['~2e~. W. HUNDR~O ROAD "::;~CHESTER, VA 23~3J PM SUPERIOR SIGH SUPERIOR SIGN PRODUCTIONS ® Richmond, Virflinia 23237 FAX: 804-743-9250 PHONE ( ) 768-~245 JOB NANJE SAME JoB LoCATiON SAME BETTY BALLARD eby submit specifications and estimates for the following: ii!Furnish and Inet. Ih '~ 'Pe~it and Procuremenl i::. ¢ li',Brickwork .O~tlon-: 804 :4- Aluminum pans for brick columns with pineapple graphics · 2 - Concrete pineapples to mount to top of brick column. 9250 ,804-271-5685 P.02 , CTK 4625; rO 250. ~0 350, ~0 47S,~0 t *SPECIFICATIONS ATTACHED WE PROPOSE hereby to furnish material and labor- complele in accordance with above specifications, for ~he sum of; AS STATED ABOVE dollars All f. brlcated and Inatall~l items remain the proper~y of Superior Sign Producltofl$ until paid Iti full, i' Payment t~ be made as ~olloW~: 1/2 DOWN, BALANCE DUE UPON COMPLETION ,M me,del ia guaran~!~.l. ~o be as lpedlled, All work ~ be Authon'zed ' Signature calm,la. NI Jg~men~ o~tinO~l u~ at~k~, iccld~ls, or ~n{r~, ~r ~ ~ fire, ~m~o and o~er Our wo~em are tul~ ~d ~ Wo~en'a Com~nsa~n. ACC~TANCE ~ PRO~. The ~ p~, ~lfl~ns JUL-19-2001 NOTE: This proposal may be withdrawn by ua If not accepted w~thln Signature signature 16:17 884 743 9258 93X 3O 00'71 P. 02 JUL--19-O1 04:00 PM SUPERIOR SIGH 804 743 9250 P.03 JUL-19-2001 16:17 804 743 9250 P. 03 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of AGENDA Meeting Date: August 22, 2001 Item Number: S.B.2.a. Subiect: Set Public Hearing for Zoning Ordinance Amendment Relating to Manufactured Home Park Districts County Administrator's Comments: County Administrator : ~ ~ ~ Board Action Requested: Staff recommends the Board of Supervisors set September 12, 2001, for a public hearing to amend the Zoning Ordinance relating to Manufactured Home Park Districts. Summary of Information: After numerous meetings with residential and business leaders, manufactured park owners, their representatives and residents of the parks the Planning Commission held 5 work sessions and 3 public hearings. The Planning Commission unanimously recommends forwarding the Zoning Ordinance amendment relating to Manufactured Home Park Districts to the Board for a public hearing. ~~/~~~ Title: Director of Planning Preparer: ' Th°ma~ Jacobin / C:DATA/AGENDA/200 I/AUG2201.4 Attachments: Yes No # v J ~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: August 22, 2001 Item Number: 8.B.2.b. Subject: Set a Public Hearing to Consider Ordinance Amendments Relating to Business License Fees County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to set a Public Hearing for September 12, 2001 to consider adopting the attached ordinance amendments. Summary of Information: Last year, the Board adopted a policy to "cap" the net revenue received from BPOL taxes at $16,500,000, the level of BPOL revenue in FY99. In order to ensure FY 2002 revenue approximates the amount collected in FY99, the Board increased the BPOL gross receipts exemption to $100,000 for businesses with gross receipts over $100,000. This year, staff projects that in order to ensure BPOL revenues remain constant at FY99 levels, BPOL rates will need to be reduced. Staff is recommending that rates on businesses taxed at a rate in excess of $0.10 per $100 be reduced by 10%, and that rates on professional, real estate, financial, personal and business services be reduced by 19% in order to further economic development. The existing and proposed rates for each category are shown on the attached table and are reflected in the attached ordinance. These rates are expected to maintain BPOL revenue in FY2002 at the FY99 levels, less the adjustment for the conversion of ele~r.~c and gas u~lities to a consumption tax. Prepare~--/----'~ "~/~ Title: Director, Budget and Management ~D~ Rebecca T. \ i~sonJ 0523:54372.]($4378.],54275.l) Attachments: Yes ~ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: August 22, 2001 Item Number: The ordinance also partially implements the recommendation of the Tax Structure Committee to further economic development by exempting gross receipts from software development from BPOL taxation and by establishing new BPOL categories and rates for research and development, biotechnology and information service businesses. These categories would be taxed at a rate of $0.10 per $100 of gross receipts. Staff does not anticipate a significant impact on current revenues if the Board adopts these new categories. BPOL exemptions for software development exemptions are currently used in Loudoun and Fairfax Counties, and the City of Richmond provides a separate BPOL taxation category for biotechnology businesses. The ordinance also provides for reduced tax rates for federal contractors who receive federal funds for research and development services. This proposed ordinance change is required in order to comply with existing state law relating to federal contractors. Chesterfield County Proposed 2002 BPOL Tax Rate Table Basis for proposed tax rates Professional and personal service categories reduced by 19%. Other categories above $0.10 have been decreased by 10%. Categories Professional Service Financial Service Real Estate Service Personal Service** Business Service Commission Merchants Repair Service Retail Merchant*** Contractor Current Proposed Rate* Rate* $O.58 $O.47 O.58 0.47 0.58 0.47 0.36 0.29 0.36 0.29 0.36 0.29 0.28 0.25 0.20 0.18 0.15 0.13 *Rates are per $100 of gross receipts **Also includes Amusement Machine Operators ***Also includes Merchants Placing Vending Machines and Amusement/Admissions 0523:54378.1 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 6-1, 6-8, 6-25, 6-26, 6-27, 6-28, 6-29, 6-30 AND 6-32 RELATING TO REDUCTION OF BPOL TAX RATES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 6-1, 6-8, 6-25, 6-26, 6-27, 6-28, 6-29, 6-30 and6-32 of the Code o_f the Coun _ty of Chesterfield, 1997, as amended are amended and re-enacted to read as follows: Definitions. Sec. 6-1. For the purposes of this chapter, the following terms shall have the following meanings, unless the context requires a different meaning: 000 Biotechnology or biomedical research and development means the use of various processes to develop, improve, modify, or test products for human health care, animal health, food production, food safety, food nutrition, or environmental improvement. o0o Information service means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications and includes electronic publishing but does not include any use of such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. 000 Research and development means the application of procedures within one of the following fora areas: (1) basic research, (2) applied research, (3) development, and (4) systems and other concept formulation studies. Research and development does not include market research~ research in social services, psychology, or other non-technical activities; routine product testing; service activities; sales; or research and development of a public utility. "Basic research", "applied research", "development", and "systems and other concept formulation studies" shall have the meaning attributed in Section 31.205-18 of the Federal Acquisition Regulation. o0o Sec. 6-8. Exclusions and deductions from gross receipts. 0(377 000 (b) The following shall be deducted from gross receipts or gross purchases that would otherwise be taxable: ooo Gross receipts from the design, development or other creation of computer software for lease, sale, or license. Sec. 6-25. Contractors. (a) Sec. 6-26. (a) 0o0 Every contractor shall pay a license tax of $0.15 $0.13 per $100.00 of base year gross receipts. Retail merchants. 000 Every retail merchant shall pay a license tax of $0.20 $0.18 per $100.00 of base year gross receipts. Sec. 6-27. Financial services. 000 Every person engaged in a financial service shall pay a license tax of $0.58 $0.47 per $100.00 of base year gross receipts. Sec. 6-28. Real estate services. Every person engaged in a real estate service shall pay a license tax of $0.58 $0.47 per $100.00 of base year gross receipts. Sec. 6-29. Professional services. Every person engaged in a professional service shall pay a license tax of $0.58 $0.47 per $100.00 of base year gross receipts. ~-,-~-,,,,, ~, ........ , ...........ss Miscellaneous services. 0614(23):54275.1 2 (a) Every person engaged in a personal or business service shall pay a license ~'"" tax of ~,,,._,6 $0.29 per $100.00 of base year gross receipts. (b) Every person engaged in a repair service shall pay a license tax of $0.28 $0.25 per $100.00 of base year gross receipts. Any person, firm, or corporation designated as the principal or prime contractor receiving identifiable federal appropriations for research and development services as defined in Section 31.205-18 of the Federal Acquisition Regulation in the areas of computer and electronic systems, computer software, applied sciences, economic and social sciences.. and electronic and physical sciences, shall be subject to a license tax rate of $0.03 pe~ $100.00 of such federal funds received in payment of such contracts upon documentatio,, provided by such person, firm, or corporation to the Commissioner of the Revenue confirming the applicability of this section. Every person engaged in a research and development, biotechnology, or biomedical research and development businesses shall pay a license tax of $0.10 per $100.00 of bas,, year gross receipts. .Every_ person engaged in an information services business shall pay a license tax of $0.10 per $100.00 of base year gross receipts. 000 Sec. 6-32. Commission merchants. Every person engaged in business as a commission merchant shall pay a license tax of $0-.-.36 $0.29 per $100.00 of base year gross receipts. 000 (2) That this ordinance shall become effective January 1, 2002. 0614(23): 54275.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meetin~l Date: August 22, 2001 Item Number: 8.B.2.c. Subject: Set a Public Hearing for September 12, 2001 to Consider Amendments to Section 19-5 of the County Code Relating to Enforcement of the Zoning Ordinance County Administrator's Comments: ~ ~ County Administrator: __ ~~_~ Board Action Requested: Set a public hearing on proposed amendments to Section 19-5 of the County Code relating to enforcement of the zoning ordinance. Summary_ of Information: A violation of the County's zoning ordinance is a misdemeanor punishable by a fine between $10 and $1,000. The court can also order the defendant to correct the violation. However, state law also permits the County to adopt an ordinance providing that the defendant's failure to correct the violation within the time ordered by the court shall constitute a separate misdemeanor punishable by a fine of $10 to $1,000 and, further, that any failure to correct the violation during any succeeding ten-day period shall constitute yet another misdemeanor offense (for each ten day period) punishable by a fine between $100 and $1,500. The Planning Commission recommended that the Board adopt the attached ordinance amendment which would enable staff to better enforce the zoning ordinance. Staff recommends that the Board set a public hearing to consider approval of the attached ordinance amendment. ~e~/en L. Micas " 1914:54328.1 Attachments: I Yes ~ No # 0U~O AN!ORDI~- ANCE TO AMEND TI~ CODE OF THE COUNTY OF: C~STERFIELD, 1997, AS AMENDED BY AMENDING AND RE'ENACTING 'SECTION 19-5 RELATING TO ENFORCEMENT OF THE ZONING ORDINANCE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1). Sec~ 19-5. That Section 19-5 of the Code qf the Coun_ty of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Enforcement. OOO (b) Penalties for violation; fight of entry. (i) Any person who violates this chapter or fails to comply with any conditions of zoning and development approvals and substantial accord approvals for which a public hearing does not occur, other than those provisions set forth in section 19-6,~shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than $10.00 and not more than $1,000.00. (2) If the violation is' uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zonin~ violation within the specified time period shall constitute a separate misdemeano7 offense punishable by a fine of not less than $10 nor more than $1,000, and any suct', failure during any succeeding ten-day period shall constitute a separate misdemeano, offense for each ten-day period punishable by a fine of not less than $100 nor mort: than $1,500. (3) In addition to the requirements and penalties specified above, the director of planning may invoke any other laWful procedure available to the county, such as injunction or abatement, as may be necessary to prevent, restrain, correct or abate any violation of this chapter. .(4) The director of planning or his agents may enter upon or search any real estate or improvements thereon only after first obtaining a valid search warrant unless either: a. The entry or search is made after the property owner's knowing and intelligent consent; b. A violation of this chapter is in plain view; or c. A violation of this chapter occurs in the presence of the director. 1305:50190.1 If the director of planning determines that. any person has violated this chapter or failed to comply with any condition of a zoning or development approval or of a s~stantial accord approval for which a public' hearing does not occur, then he shall serve upon that person a notice to comply by either: a. Delivering the notice to the person by hand; or b. Mailing the notice by first class mail to the last known address of the person. The'notice shall set forth the nature of the violation or failure to comply. Upon failure of the person to remedy the violation, comply with the 'condition or receive an extension within ten days after the date of delivery or mailing of the notice, the person shall be subject to the penalties set forth above. With respect to violations or failures to comply involving portable signs or the parking or display of motor vehicles, the person shall remedy the violation or comply with the condition within 24 hours of service of the notice or receive an extension, or the person shall be subject to the penalties above: That this ordinance shall become effective immediately upon adoption. 1305:50190.1 2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~ Date: August 22, 2001 Item Number: 8.B.2.d. Subject: Set a Public Hearing for September 12, 2001 to Consider Amendments to the County's Massage Clinic Ordinance and the Zoning Ordinance Relating to Massage Clinics County Administrator's Comments: County Administrator: Board Action Requested: Set a public hearing for September 12, attached proposed ordinance amendments. 2001 to consider the Summary of Information: On May 24, 2000, the Virginia Massage Therapists Association requested the Board to initiate a review of the County's massage clinic ordinance. After receiving recommendations from staff, on December 20, 2000 the Board referred proposed amendments to the Planning Commission for its consideration. On July 17, 2001, the Planning Commission held a public hearing and recommended that the Board approve the attached ordinance amendments. Current Ordinance and Background The existing massage clinic ordinance requires a certified massage practitioner to hold a valid County permit and to perform massages only at a County permitted massage clinic. The permitting requirements do not apply to designated health care professionals. Massage clinics can only be located within health clubs, beauty salons, barber shops, and tanning salons. The application process is a~m~~d by the Police Department. Preparer: , C~ Title: County Attorney Steven L. Micas 2014:54313.1 Attachments: Yes ~ No # 00~3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meetin l Date' August 22, 2001 Item Number: Page 2 of 2 In 1997, the General Assembly allowed the State Board of Nursing to certify massage therapists. The State Board established training and education requirements for massage therapists. Sum~mary of Proposed Changes The Planning Commission made its recommendations after extensive consultation with staff and representatives of the massage therapists. The Police, Health and Planning Departments support the recommendations. Attached is a chart that summarizes key elements of the current ordinance and the Planning Commission's recommendations. The most significant changes are as follows: o Cross-gender massages will be permitted in designated settings, but not at residences. Same-gender massage will be available at residences if performed by a licensed massage therapist. Seated massages of the upper body or feet when fully clothed and seated in a chair will be allowed at work sites during business hours and at certain public gatherings. Massage will be allowed in motels only if the motel has a massage clinic license and the massage is not conducted in a guest room. The equipment and physical plant of massage clinics will be maintained in accordance with Health Department standards. The Police Department will continue to administer the permit process and conduct criminal records checks of applicants, however, the process will be conducted every two years instead of on a yearly basis. Application fees for massage clinics will be reduced from $300 to $100 and fees for a County massage therapist permit will be reduced from $150 to $50. The zoning ordinance amendments would allow massage clinics by right in the Commercial and Office Districts and by conditional use in the Industrial Districts. Free-standing massage clinics are not permitted under the existing ordinance. Staff recommends that the Board set a public hearing for September 26, 2001 to consider the attached ordinance amendments. 2014:54313.1 MASSAGE CLINICS Current Ordinance Planning Commission's Recommendation 1 Cross-gender massages limited to medical setting. Permit cross-gender massages, but not in a residence. 2 Massage at workplace prohibited. Allow seated massages at work sites during business hours. 3 Massages at public gathering prohibited. Allow' seated massages at public gatherings. 4 Prohibits massage clinics as a home occupation. No change to current ordinance. 5 Massage clinics limited to an accesso~ use in a. Allow massage clinics by right in Office and established businesses (Barber Shop, Beauty Salon, Commercial Districts and by conditional use in etc.). Industrial Districts. b. Same-gender massage allowed at client's residences. c. Allowed at motels/hotels if a massage clinic but not in guest room. d. Allowed in "care facilities". 6 Specifies particular "morals" offenses that are Limit to general statement that certified massage therapists prohibited, will comply with all applicable laws. 7 Expansive definition of massage. Conform definition of massage to State Code definition. 8 Massage recipient defined as "patron". Change "patron" to "client". 9 Police Department can reject application based on any Retain current standard providing "screen out" for felonies, felony or misdemeanor convictions. "case-by-case" determination for misdemeanor convictions. 10 Record-keeping requirements identifying clients. Eliminate record-keeping requirement. 11 Regulates the equipment and physical plant of the Maintain physical standards consistent with medical clinic, standards defined by the Health Department. 12 Requires yearly permit with right of inspection. Maintain a more restricted police permitting process with criminal records check every two years; retain right of inspection. 13 Application for massage clinics more extensive than Streamline application for massage clinic applications. massage therapists. 14 Renewal application same as original application. Streamline renewal applications. 15 Application fee for massage clinic ($300), massage Massage clinic fee reduced to $100, massage therapist fee therapist ($150), renewal fees ($50). reduced to $50, renewal fee stays at $50. 16 Application for permit requires listing of applicant's Eliminate. contagious or communicable diseases if any and requires chief of police to determine if applicant needs medical treatment. 1914:53641.1 ~ -~ C5,.3 8/10/01 3:23 PM ,a2q ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 15-91, 15-92, 15-93,15-94, 15-95, 15-96,15-97, 15-98, 15-99, 15-102, 15-103, 15-104, 15-105, 15-106; BY ADDING AND ENACTING SECTION 15-99.1; AND BY REPEALING SECTIONS 15-100 AND 15-101, RELATING TO REGULATION OF MASSAGE CLINICS AND CERTIFIED MASSAGE THERAPISTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Sections 15-91, 15-92, 15-93, 15-94, 15-95, 15-96, 15-97, 15-98, 15-99, 15-102, 15- 103, 15-104, 15-105 and 15-106 of the Code of the Coun~ o_f Chester_field 1997, as amended, are amended and re-enacted; that Section 15-99.1 is added and enacted; and that Sections 15-100 and 15-101 are repealed, as follows: Sec. 15-91. Definitions. For this article, the following words and phrases shall have the following meanings: Barber shop: An establishment which provides one or more of the following services in exchange for consideration: hair care, makeovers, facials, manicures, pedicures, or body waxing. Beauty salon: An establishment which provides one or more of the following services in exchange for consideration: hair care, skin care, makeovers, facials, manicures, pedicures or body waxing. Care Facility: A hospital, nursing home, convalescent care facility, assisted living facility, life care facility, or group care facility. Certified massage therapist: Any person who administers a massage to another person, in exchange for consideration, and who has qualified as a certified massage therapist pursuant to the requirements of Code of Virginia, §§ 54.1-3000 and 54.1-3029, including but not limited to a massage clinic operator. Chief of police: The Chesterfield County Police Chief or his designee. Client: A person receiving a massage. Consideration: Anything of value given in exchange for services rendered, including, but not limited to, money, goods, services or advertising. 1305:51469.1 I 8/9/01 10:29 AM Health club: An establishment which provides health and fitness equipment and programs for its patrons' client's use in exchange for any form of consideration. A health club may be located in a hotel or motel but not in a guest room in a hotel or motel. Massage: The treatment of soft tissues for therapeutic purposes by the application of massage and body work techniques based on the manipulation or application of pressure to the muscular structure or soft tissues of the human body7 :'--'---': .....,_l_: ....... ,_i.__ , ..... ~: .......... ~i._ lll~alUUlll~ I UUUIII~ 3LI [JIXl-lli~, l~.ti~(lUtlli~:~ [JKJUlIUlIIg:~ OIWUIIUi, IilIilIIUIIt3, ointn3ents O[ )lllIllal plaUlll~ IIRIIM3 UII~ [UHUIIIII~ IUII~IIII~ UI lllaB3a~lll~ 3UAH~I MI ~UIIIL~I pal L3 Ut alIULIIUI UI UApU~III~ UIIU 3 .~*.., ~, ~.,[., pa~s ,u ..y ~,.~, person. Massage shall not include the diagnosis or treatment of illness or disease or any se~ice or procedure for which a license to practice medicine, nursing, chiropractic therapy, physical therapy, occupational therapy, acupuncture or podiat~ is required by law. Massage clinic: A fixed place of business where a person engages iii, wunuu~,~ Or carries o, UI [JUIIIIILD tU tJU UII~.~U~..I Ill, %/UlIUO. t~LUU UI O~IIIU~ Ull ally UH3111U3~ UI ~IVIII~ ~lly ~IilU Ul III~33R~U ce~ified massage therapist gives a client a massage, A massage clinic shall ~ either be freestanding or located within a health club, tanning salon, hotel or motel (but not in a guest room in a hotel or motel), beauty salon or barber shop. A massage clinic shall not be located in a dwellin~ unit. Massage clinic operator: The person who files and signs the application for a massage clinic permit and who is responsible for the day-to-day operation of the clinic. The massage clinic operator need not qualify as a certified massage therapist if he or she does not intend to administer massage. Public gathering: Any event occurring in the County that is open to the general public and involves more than fifty persons. Seated massage: A massage of the upper body or feet when the massage client is fully clothed and seated in a chair. Tanning salon: An establishment which has as its primary business the provision of tanning services in exchange for consideration. Sec. 15-92. Permit required. No person shall administer or perform or permit to be administered or performed a massage in exchange for consideration in or upon any premises within the county unless: 1305:51469.1 2 8/9/01 10:29 AM (a) (b) The massage is performed for medical, relaxation, remedial or hygienic purposes; and The person performing the massage is a certified massage therapist and holds a valid typ it~-~ .... ' ....... ':~ ................... ':--:~p ' '-~-' .....: ..... coun erm auu uin~aa a vauu ~uuuty ntaaaa~ ~lun~ CFi]iii lla3 UUUli Ifa massage is performed in a massage clinic, a valid county massage clinic permit has been issued for the premises. Sec. 15-93. Exclusions. Section 15-92 shall not apply to massages administered for medical, relaxation, remedial or hygienic purposes by (i) a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the Commonwealth of Virginia; (ii) a licensed nurse acting under the prescription or direction of any such physician, surgeon, chiropractor, osteopath, or physical therapist; or (iii) a certified massage therapist acting on the premises of any such physician, surgeon, chiropractor, osteopath or physical therapist and under his prescription or direction. Section 15-92 shall not apply to barber shops or beauty salons in which massage is given to the scalp, face, neck or shoulders only. Sec. 15-94. Permit application. (a) No person shall operate a massage clinic or act as a certified massage therapist in the county without having obtained a permit from the county. Permit applications shall be made to the chief of police, who shall investigate all permit applications. Applicants shall pay to the county treasurer ~'~ ~,~,,,,.,~0 $100.00 for a massage clinic permit and $50.00 $ ~,,,.00 for a certified massage therapist permit, to cover the costs of investigation by the police, health and other departments, as needed. The treasurer's receipt of payment shall accompany the permit application. All permits shall expire annually every_ two years on the anniversary date of the issuance of the original permit. Permits issued prior toivory ~ '--' II, ,~,~,A~, .,--~.~y'~ ........ ~-,~ ~ "^'~'.~,.,,.,~ [date of adoption], shall expire on the next anniversary date of the issuance of the original permit and annually every_ two years thereafter. Failure to file a renewal application at least 30 days prior to the expiration date of the permit shall be grounds for revoking or suspending the permit. A renewal application shall be completed and filed as required below, in L,* san~¢ n~anner as ~'-~-~- ,~,--, -},[,-,~,,,~,. Renewal applicants shall pay $50.00 to the county treasurer to cover the costs of investigation by the police, health, fire and other departments, as needed. The treasurer's receipt of payment shall accompany the renewal application. A permit application shall not be considered within 12 months of denial of a substantially similar permit request. (b) The certified massage therapist permit application shall include, but not be limited to, the following: 1305:51469.1 3 8/9/01 10:29 AM (c) (1) (2) (3) The full name, age and present address of the applicant. The applicant's social security number. The applicant's addresses for the ten years immediately preceding the date of the application. (4) (5) (-7-) (6) ~ (7) O-) (8) (--1-1-)(9) (4--2-)(10) H- (11) The applicant's height, weight, race, sex and eye and hair color. The applicant's portrait photograph, which gives a clear view of the applicant's face. m ;5~L UI. Lit[7 O,~YIJtl~.O, llt ;3 [III~I~IIIILD. The applicant's business, occupation or employment for the five years immediately preceding the date of the application. The applicant's previous experience as a massage clinic operator, a massage practitioner or a ce~ified massage therapist. The applicant's criminal convictions, other than traffic offenses, and the date and place of the applicant's conviction. ~J ~tt ~t ~J ~J~ J ~JJ~J [tt~ Lt ~UtJ~LtL. YY tLH [JJ~ ttJtLt~t A list of~ll other professional licenses held by the applicam jurisdiction ~nd whether or not the applicant has h~d any such license suspended or revoked. Written proof that the ~pplicam meets the requirements contained Code ofVirgiN~ ~ 54.1-3000 a~d 54.1-30~ for ~ ce~i~ed m~ssage therapist. Written ~uthofizatio~ ~or the count~ its agents and employees to co~duct a background investigation of the applicanL including criminal records check, and to investigate whether the information provided by the applicant is tree. Written declaration, d~ted and signed by the app]ic~m~ ce~i~ing that the i~formation contained in the ~pplicafion is tree and correct. The application for a massage clinic permit shall contain: (1) (2) The full legal name and any trade name of the applicant and the applicant's business address and telephone number. The applicant's social security or employer identification number. 1305:51469.1 8/9/01 10:29 AM 4 (3) (5__6) (_Ts) (89) The applicant's related employment or business experience for the five years immediately preceding the date of the application, including all previous experience as a massage clinic operator, massage practitioner or certified massage therapist. All criminal convictions, other than traffic offenses, of the applicant and, if applicable, the applicant's owners, officers, directors, partners and managers and the date and place of the applicant's conviction. A list of all other professional licenses held by the applicant from any jurisdiction and a statement of whether or not the applicant has ever had any such license suspended or revoked. Written authorization for the county, its agents and employees to conduct a background investigation ¢ebtt'~emppt/mm, including a criminal records check, of the applicant and, if applicable, the applicant's owners, officers, directors. partners and managers and to investigate whether the information provided by the applicant is true. Written declaration, dated and signed by the applicant, certifying that the information contained in the application is true and correct. A description of the massage clinic, including the number and location of rooms to be used, the number and names of certified massage therapists to be employed and the hours of operation. If applicable, a list of the applicant's owners, officers, directors, managers and partners, including the name, address and title of the person filing the application on the applicant's behalf. A renewal application for a massage therapist permit and a massage clinic permit shall contain: (1) (2) (3) (6) The full name, age and present address of the applicant or, for a massage clinic, the full legal name and any trade name of the applicant and the applicant's business address and telephone number. The applicant's social security number or employer identification number. The applicant's existing permit number. All criminal convictions, other than traffic offenses, of the applicant and, if applicable, the applicant's owners, officers, directors, partners and managers and the date and place of the conviction. Written authorization for the county, its agents and employees to conduct a background investigation, including a criminal records check, of the applicant and, if applicable, the applicant's owners, officers, directors, partners and managers and to investigate whether the information provided by the applicant is true. Written declaration, dated and signed by the applicant, certi~ing that the 1305:51469.1 8/9/01 10:29 AM 5 information contained in the renewal application is true and correct. Sec. 15-95. Referral of application. The chief of police shall refer permit applications, as needed, to the county departments charged with enforcing the business license, zoning, building, plumbing, utility, health, electric and fire prevention codes for their recommendations. Sec. 15-96. Granting of permit. Within 60 days of the date of the permit application, the chief of police shall issue the permit if he shall find all the following: (a) ~ Any massage clinic to be used or constructed meet_s all zoning, building, plumbing, utility, health, electric and fire prevention codes, as reported by the applicable departments. ~,rO] lilt o. ldlJll~allt UU~;~ ,llk~t IIC~U auUltlUlla! lllUUl~al CAalllltla£1Ull Or treati~ent. (eb) The applicant complies with all requirements of this article. (dc) The applicant is of good moral character and reputation in the community and does not pose any threat to the community's health and safety. Any past felony or misdemeanor convictions of the applicant, including a conviction pursuant to this article, shall be considered in making this determination. (e_d) The applicant is at least 18 years old and complies with the requirements of Code of Virginia, §§ 54.1-3000 and 54.1-3029. (f_e) The applicant has not made any false, misleading or fraudUlent statements in the permit application nor in any other related document required by the county. Sec. 15-97. Display of permit. Every person who receives a massage clinic permit shall display the permit in a conspicuous place so that it may be seen by anyone entering the massage clinic premises. Each certified massage therapist shall post his or her current certificate issued by the State Board of Nursing in a public area at the massage clinic premises. Sec. 15-98. Necessary facilities. (a) Each massage clinic shall have and maintain the following facilities or equipment in a clean, sanitary and workable condition: 1305:51469.1 6 8/9/01 10:29 AM , (1) (2) Equipment for disinfecting and sterilizing nondisposable instruments and materials i_f used in performing massage. Hot and cold water and soap, which shall be provided at all times. Towels and linens for each of the clinic's clients patrons or each client patron receiving massage semices. Common use of towels or linens shall not be permitted. A custodial se~ice sink located in "-~,,~- massage~,~,~-':'-:- qua~ers or the building i~ ~ which the massage clinic qua~ers are located. (b) Each massage clinic operator shall maintain any walls, ceilings, floors, pools, showers, bathtubs, steam rooms and any other physical facilities for the clinic in good repair and in a clean and sanitary condition. Any heat, steam or vapor rooms or cabinets shall be cleaned each day the clinic is in operation. Bathtubs shall be thoroughly cleaned after each use. (c) Massage tables, bathtubs, shower stalls and steam or bath areas shall have nonporous surfaces which may be readily disinfected. Sec. 15-99. Individual health requirements. (a) No massage clinic operator or certified massage therapist shall be permitted to give massage or come in contact with a massage clinic client patron unless the operator or certified massage therapist shall be free of any contagious or communicable disease. The director of public health or his designee may, for cause, prohibit an operator or certified massage therapist from giving massage unless and until the person provides him with a certificate from a licensed physician that the person has been examined within the previous ten days and found to be free of all contagious or communicable diseases. (b) No certified massage therapist shall knowingly serve any client patron infected with any fungus or other skin infection; nor shall massage be performed on any client patron exhibiting skin inflammation or eruption unless a licensed physician has certified that any such person may be safely served and has prescribed any necessary conditions on the service. Sec. 15-99.1 Permissible locations for massage. A certified massage therapist may give a massage in the county only at the following locations 1305:51469.1 7 8/9/01 10:29 AM and under the following conditions: (1) At a permitted massage clinic; (2) At the regular place of business, not located in a residence, of the massage client during the regular hours of such business; provided, that a certified massage therapist may only give a seated massage at such location; (3) At a care facility; At a public gathering; provided that a certified massage therapist may only give a seated massage at such location; and Except as otherwise prohibited by this article, at a client's residence; provided that a certified massage therapist may only give a massage in a residence to a client of the same gender as the certified massage therapist and shall possess his or her current certificate issued by the State Board of Nursing and his or her current county permit. Sec. 15-100. Repealed. iL DII¢lil UU [IIII~WIUI L~JI (lily }JUl DUll LU (lUlIIIIIIDLUi III(1DD(i~U UIII~IUJUU UI ULIiUI ~Ul bull UIIUUI 1113 ~UII~IUI UI 3U~I VIblUII ~U dUlllllllbkUl ~lly III~33~U tU dll~ ~[1 bull 1305:51469.1 8 8/9/01 10:29 AM Sec. 15-101. Repealed. Sec. 15-102. Massage clinic and therapist responsibilities. A massage clinic shall not be operated under any name or at any location except the name and location specified in the permit. ' .......... ,.,.,...':-:- -'--" -'-'-- ' ..... J ---:"-:~- '---'~'- -'--~ ' /~k lll(l. D3gli~U 311~11 k/lily b~ IUt~ClUI~U ~ILIlIII ~1. llCaltll ~'IUL), tai-tiiiiig ~,,~,,, ~,,,,,,y ,,~,k/, or ,,,, o~ ~,,,~,. The massage clinic operator shall be responsible for maintaining the premises in accordance with this article's requirements and for insuring that all agents and employees comply with this article's requirements. No person granted a certified massage therapist permit shall operate under any name except the name specified in the permit. No massage clinic operator shall allow on his premises any activity or behavior prohibited by the laws of the United States, the Commonwealth of Virginia, or this county~, ~,.,.,~ ,k/~,.,,,,,.,~, ~,u~,,,.,,k/,,, .uuu.,y, I~I(1. LII,~ LU UL/;~L~IIILy I../I lll~/Igl! LLI. II. JILtJ. I..I~ and no certified massage therapist shall engage in any such behavior. Sec..15-103. Revocation and suspension of permit. The chief of police may revoke or suspend any permit upon the violation of this article. No permit shall be revoked until the chief of police holds a hearing to determine just cause for the revocation or suspension. At the hearing, the permittee shall be able to present evidence and argument against revocation or suspension. The permittee shall be provided with notice of the hearing by mail, at least five days prior to the hearing, to the address on the permit. Notice shall include a written statement setting forth the grounds for revocation or suspension. After the hearing the chief of police shall determine whether a violation has occurred and if so whether the permit should be suspended or revoked. Upon finding a violation, the chief of police may suspend the permit for not more than 60 days or revoke the permit. The chief of police's decision shall be final. Sec. 15-104. Transferability of permit. Ifa massage clinic is sold or transferred to a new owner, the clinic's permit shall no longer be valid. Unless prior approval shall have been obtained from the chief of police, the enlargement or alteration of the massage clinic's business structure shall automatically revoke the permit. 1305:51469.1 9 8/9/01 10:29 AM 00'.34 Sec. 15-105. Right of inspection. The police or health department may inspect those areas of each massage clinic which are open to the public for the purpose of determining compliance with this article. Inspections shall be made at reasonable times and in a reasonable manner. Sec. 15-106. Penalty. Any person who violates this article shall, in addition to being subject to the provisions of section 15-103, and to the provisions of any other applicable ordinance or statute, be guilty ora misdemeanor and, upon conviction, shall be punished by a fine not exceeding $1,000.00 or by confinement in jail for a period not exceeding one year, either or both. Secs. 15-107--15-120. Reserved. (2) That this ordinance shall become effective immediately upon adoption. 1305:51469.1 10 8/9/01 10:29 AM 0095 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-68, 19-130, 19-144 AND 19-301 RELATING TO ZONING OF MASSAGE CLINICS AND CERTIFIED MASSAGE THERAPISTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-68, 19-130, 19-144 and 19-301 of the Code qf the CountF qf Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-68. Special exceptions. The following uses may be allowed by special exception, subject to the provisions of section 19-21' (g) 000 A business operated on a lot or parcel inside or outside of a dwelling unit or accessory building and not a home occupation, not to include a massage clinic and certified massage therapist; provided that the owner or operator of the business resides on the premises. 000 Sec. 19-130. Permitted uses by right. Within any O-1 District, no buildings, structures or premises shall be used, arranged or designed to be used except for one or more of the following uses: 0OO 1/3 (mn_) Massage clinics. Underground utility uses except as provided in section 19-131 (g), when such uses are located in easements or in public road rights-of-way. Access to any land which is located in an agricultural, office, business or industrial district or used for agricultural, office, business or industrial purposes. 000 1914:53790.1 00L}G Sec. 19-144. Permitted uses by right. Within any C-1 District, no buildings, structures or premises shall be used, arranged or designed to be used except for one or more of the following uses: (w) (xy) 000 Massage clinics. Underground utility uses when such uses are located in easements or in public road rights-of-way, except as provided in section 19-145(a). Video rental and sales store. Sec. 19-301. Definitions. 000 For the purposes of this chapter, the following words and phrases shall have the following meanings: Massage clinic: OOO The definition set forth in County Code § 15-91 shall apply. OOO That this ordinance shall become effective immediately upon adoption. 1914:53790.1 009 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: August 22, 2001 Item Number: 8.B.2.e. Subject: Set a Public Hearing on Proposed Amendments to the County Code Relating to Regulation of Adult Uses and Refer to the Planning Commission Proposed Amendments to the Zoning Ordinance Relating to the Location of Adult Uses County Administrator's Comments: County Administrator: Board Action Requested: Set a public hearing on proposed amendments to the County Code relating to adult uses and refer proposed amendments to the Zoninq Ordinance to the Planning Commission. Summary of Information: Based on complaints from Dale District citizens received by Mr. Miller about sexually explicit video stores and Henrico County's recent experience with an "exotic" dance club, the County Attorney recommends a number of changes to the County Code. Historical Backqround For many years, the County Code has regulated sexually-oriented businesses ("adult uses"). For example, a number of the existing zoning and regulatory ordinances were applied to the proposed Foxxx Video Store application in July, 1999. The Foxxx Video experience illustrated that our ordinance should be updated to reflect current practices and terminology. Steven L. Micas Title: County Attorney 1922: 54376.1 (54086.1/54345.1) Attachments: Yes ~-] No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Meetin l Date: Au lust 22, 2001 Item Number: Many national studies have determined that adult uses cause negative effects within a community, such as lowered property values, increased crime rates and health-related concerns. Courts have also upheld restrictions on the content of external signs and advertising at adult establishments to prevent a decline in surrounding property values, deterioration of the neighborhood and to protect children and unconsenting adults who may come into contact with such displays. The County also has the ability to require that "adult materials" be located in a separated area. As a land use matter, requiring a conditional use permit for adult uses is only permissible if there are specific, objective criteria to govern the zoning decision. Likewise, licensing is generally allowed only if: (1) the decision of whether to approve the license is based on specific, objective criteria, (2) there is a prompt administrative decision on the application, and (3) there is a mechanism for prompt judicial review of the decision. Staff recommends that the Board schedule a public hearing on the attached proposed amendments to Chapters 3, 6 and 15 of the County Code that will: Revise the police licensing ordinances for adult uses to set a time limit for approval with a mechanism for quick judicial review. Impose "juvenile sensitive" regulations on adult uses requiring that sexually explicit merchandise not be visible from outside the establishment; restricting the number and sexually explicit content of signs; and prohibiting the employment of minors. Require that stores that market a small number of videos or books with sexually explicit images segregate the materials, advertising and displays in a separate area of the store not open to juveniles. Add new regulations that require adult uses to have "open booths" and prohibit touching of patrons by dancers and vice versa. Clarify definitions relating to adult uses and to dancing. 1922: 54376.3. (54086.1/54345.1) CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ) of 3 Meetin~l Date: Au~lust 22, 2001 Item Number: Additionally, staff recommends that the Board refer to the Planning Commission the attached proposed amendments to the Zoning Ordinance that will: o Set out criteria to govern conditional use requests for adult uses based on specific, objective criteria and establishing an expedited legislative and judicial review process; and Update and clarify definitions relating to nightclubs, adult bookstores, and adult theaters to broaden coverage based on evolving adult uses. 1922: 54376.1 (54086.1/54345.1) AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 3-1, 6-1, 6-7 and 15-121 AND ADDING SECTIONS 6-41.1, 15-122.1, 15-122.2, 15-122.3, 15-122.4, 15-122.5, 15-122.6, 15-122.7, 15-122.8, 15-122.9 and 15-122.9A RELATING TO ADULT USES BE IT ORDA1NED by the Board of Supervisors of Chesterfield County: That Sections 3-1, 6-1, 6-7 and 15-121 of the Code o_f the Coun~ of Chester_field, 1997, as amended, are amended and re-enacted and Sections 6-41.1, 15-122.1, 15-122.2, 15-122.3, 15-122.4, 15-122.5, 15-122.6, 15-122.7, 15-122.8, 15-122.9 and 15-122.9A are added to read as follows: Sec. 3-1. Defined. ......... ' .... pl For this article, a dance establishment means anyiJuun~':- uan~ ~ ..... ,,an'--' u~ arty ut,,~ ace open to the public where dancing is permitted by the public. Sec. 6-1. Definitions. OOO For the purposes of this chapter, the following terms shall have the following meanings, unless the context requires a different meaning: OOO Nightclub means any commercial establishment which serves alcoholic beverages and has live entertainment and dancing by the public. Live entertainment shall mean entertainment provided by live artists including, but not limited to, musical performances, disk jockeys, public speaking, dramatic performances, dancers or comedy. A nightclub is a dance establishment within the meaning of chapter 3. OOO Sec. 6-7. Certain permits or certificates required. Every person subject to licensure for acting as a bondsman, fortune-teller, massage therapist, massage clinic operator, nightclub operator, taxi driver or solicitor, or adult business operato_ring an-adt~ ~ - -' ...... '--: ~ -- - ~--' ...... :--- · -, ....... ~--,- --:--: ..... __ ouuaatut c/viucu stoi-e, aumt lll~/tlkJll pictare tll[7O~l`~;l Cfi- gl. kiLl-II, lllllll-lllkJtl~.Jll ~ shall first obtain a permit or certificate as required by Chapter 15. OOO Sec. 6-41.1. Adult Business operator. Every_ person operating a business that provides adult entertainment as defined in Chapter 19 shall pay a license tax of $100.00, which shall be in addition to any other taxes or fees required for the sale of food and drinks or the provision of services. 000 Sec. 15-121. Certain Nightclub permits required from chief of police --Application; issuance. (a) Every person desiring a business license to operate (-i-) a nightclub, as defined in chapter 6, or t-1 [,~ operate ,,,,mu, L o,,u~=[,~,c, v,uc,~,[~,,~, =uu,[ ii5otioi5 picture "tlicat~t ...... ul ~uult LllUatv~, in ~II=~L~I shall first apply to the chief of police, or his designee, for a permit to conduct such activity. Each such application shall be accompanied by a fee in the amount of $25. 000 15-122.1. Adult Business Permits Required from Chief of Police - Application. (a) Eve _fy person desiring a business license to operate an adult business, as defined in Chapter 19, shall first apply to the chief of police, or his designee, for a permit to conduct such activity. Each such application shall be accompanied by a fee in the amount of $25. (b) Information required on the permit application shall include, but not be limited to, the following: The applicant's full name, age, sex, race, weight, height, hair and eye color, address, telephone number, date and place of birth and social security number; 2~ Names and addresses of references; Whether the applicant has been convicted of any felony or misdemeanor and, if so, the nature of the offense, when and where convicted, and the penalty or punishment assessed; (4) Photograph and fingerprints of applicant; and (5) Name, including any fictitious names, and address of the business for which a permit is sought. 1914(00):54086.2 8/21/01 10:11 AM 2 (6) (7) (8) (9) Written authorization to conduct a background investigation of the applicant, including a criminal records check, and to investigate whether the information provided by the applicant is true. Written declaration, dated and signed by the applicant, certi _fving that the information contained in the application is true and correct. Whether the applicant holds or has held any other permits under this ordinance or other similar adult use ordinance provisions from another locality within the past 5 years and, if so, the names and locations of such other permitted businesses. If adult entertainment as defined in Chapter 19 is to be provided, a description of such entertainment. For a corporation, partnership or other legal entity, "applicant" includes each officer, director, partner, investor or principal of the entity and any managers of the business. Any changes in the ownership or principals of the business entity to which the permit is issued or in the managers of the business itself will automatically make the permit void. Such changes shall be reported to the chief of police or his designee, and a new application may be submitted for review. 15-122.2. Adult Business Permits Required from Chief of Police-Issuance. (a) The chief of police or his designee shall grant or deny an application within 30 days of its proper filing, unless information requested from other law enforcement agencies is not received within that 3 0 day period, in which case the Chief of Police or his designee shall have an additional 30 days to act on the application. Upon the expiration of the applicable time period, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the chief of police or his designee notifies the applicant ora denial of the application and states the reasons for that denial. If the application is denied, the chief of police or his designee shall notif3'_ the applicant of the denial and state the reasons for the denial. The chief of police or his designee shall deny the application for any of the following reasons: ~ An applicant is under eighteen years of age. (2) An applicant is overdue on his/her payment to the County of taxes assessed against 1914(00):54086.2 3 8/21/01 10:11 AM him/her. (3) An applicant has failed to provide information required by this Chapter or has falsely answered a question. (4) The premises to be used by the adult business have not been approved as being in compliance with health, fire and building codes. (5) The application or permit fees have not been paid. (6) The business does not have proper zoning. (7) The applicant has a permit under this ordinance which has been suspended or revoked. (d) The applicant shall not be issued a permit if the county's investigation or the information furnished in compliance with this article shows that the applicant has been convicted of a felony or a crime involving moral turpitude, has been denied a permit or has had a permit revoked under any statute or ordinance similar in substance to the provisions of this article, or is not of good moral character. In addition, each application shall be reviewed by the county departments charged with enforcing the business license, zoning, building. plumbing, utility, health, electric and fire prevention codes, as needed, and no permit shall be issued if the applicant's business in the county does not comply with these and any other applicable county or state laws or regulations. 15-122.3. Inspection. Representatives of county departments may inspect those areas of each adult business which are open to the public or in plain view for the purpose of determining compliance with these provisions. Inspections shall be made during the adult business' regular business hours. 15-122.4 Revocation. The chief of police or his designee, may revoke or suspend a permit issued pursuant to this article upon determining that: A permittee gave false or misleading information in the material submitted during the application process; or A permittee or an employee has knowingly allowed possession, use or sale of illegal controlled substances in or on the premises; or 1914(00):54086.2 8/21/01 10:11 AM A permittee or an employee has knowingly allowed prostitution on the premises; o__[r The permittee refused to allow an inspection of the adult business premises as authorized by this Chapter; or On two or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting (1) aiding, abetting or harboring a runaway child; (2) prostitution or promotion of prostitution; (3) exposing minors to harmful materials; (4) dissemination of obscenity; (5) sexual assault for which a conviction has been obtained, and the person or persons were employees of the adult business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or A permittee is convicted of tax violations for any taxes or fees related to the adult business; or A permittee has demonstrated inability to operate or manage an adult business in peaceful and law-abiding manner, thus necessitating action by law enforcement officers; or A permittee or an employee has knowingly allowed any act of sexual intercourse. sodomy, oral copulation, masturbation, or any other sexual activity to occur in or on the permitted premises. A permittee has been operating an adult business not approved under the applicable permit. 10. A permittee has failed to comply with the provisions of this article. 11. A permittee's business fails to comply with applicable county or state laws or regulations. (b) If the chief of police or his designee revokes or suspends a permit, he shall noti _fy the permittee in writing of such action and the reasons for the action, and the permittee's right to request a hearing. To receive a hearing, the permittee must make a written hearin~ request which must be received by the chief of police, or his within ten days of the date of the revocation notice. Ifa hearing is property requested, it shall be held within ten days of receipt of the hearing request. The hearing shall be presided over by the chief of police or his designee. The permittee shall have, the right to present evidence and argument or to have counsel do so. Within 5 days of the hearing, the chief of police or his designee shall render a decision. The permittee must 1914(00):54086.2 5 8/21/01 10:11 AM discontinued operation of his business when the chief of police or his designee renders a final decision. 15-122.5 Transfer of Permit. _(g_) A permittee shall not operate an adult business under the authority of a permit at any place other than the address designated in the approved permit. (b) A permittee shall not transfer his permit to another person. 15-122.6 Judicial Review of Adult Use Permit Denial or Revocation. After denial of an application, denial of a renewal of an application, or revocation or suspension of a permit, Chesterfield County will facilitate the applicants' obtaining prompt review of the decision from the Circuit Court of Chesterfield County. 15-122.7. Regulations Pertaining to Adult Businesses Providing Adult Entertainment. For purposes of this Section, "adult entertainment" is defined as dancing, modeling or other live entertainment if the performers' performance is characterized by an emphasis on "specified anatomical areas" or "specified sexual activities" as defined in Chapter 19, or violates Section 14-33 of the County Code. No person shall perform adult entertainment for patron(s) of an adult business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest area occupied by patron(s). No patron shall be permitted within ten (10) feet of the stage while the stage is occupied by a performer. The adult business shall provide separate dressing room facilities for female and male performances which shall not be occupied or used in any way by any one other than performers. The adult business establishment shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the establishment shall provide a minimum of four (4) foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers which prevents any physical contact between patrons and performers. No entertainer, either before, during, or after a performance, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either 1914(00):54086.2 6 8/21/01 10:11 AM Fo before, during or after a performance. This subsection shall only apply to physical contact while in or on the premises of the establishment. Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separation between performers and patrons required by this section. No patron shall directly pay or give any gratuity to any entertainer. A patron who wishes to pay or give a gratuity to a performance shall place the gratuity in a container that is at all times located separately from the performers for the purpose of preventing any physical contact between a patron and a performer. No performer shall solicit any gratuity from any patron. Patrons must be at least 18; Owners, managers, entertainers must be at least 18; The adult business shall not operate between the hours of 2:00 a.m. and 9:00 a.m. on any particular day. No operator of an adult business shall cause or allow a performer to contract or engage in any entertainment such as a "couch" or a "straddle" dance with a patron while in or on the establishment premises. No performer shall contract to or engage in a "couch" or "straddle" dance with a patron while in or on the establishment premises. For purpose of this subsection, "couch" or "straddle" dance is defined as an employee of the establishment intentionally touching or coming within ten (10) feet of any patron while engaged in the display or exposure of any "specified anatomical area", or any "specified sexually activity". This section shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess, or bar tender, comes within ten (10) feet of a patron. No employee shall engage in any "specified sexual activity" or display or expose any "specified anatomical area" while acting as a waiter, waitress, host, hostess, or bar tender. OOO Sec. 15-122.8 Regulations Pertaining to Adult Businesses Not Providing Adult Entertainment. 1~ Wide angle mirrors and/or video systems must be used to provide the manager with continuous monitoring of all areas of the establishment. (b) Youth-oriented merchandise must be kept separate from the sexually oriented 1914(00):54086.2 7 8/21/01 10:11 AM merchandise. To the extent booths are provided for viewing of videos, movies, DVDs, or other media.. the booths must meet the following criteria: I_CD (3) minimum size of 500 square feet. no doors on booths so that manager may have visual access to the booth. Firewalls must be provided between booths. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every_ place patrons are permitted access and an illumination of not less than two foot candles as measured at the floor level. Sec. 15-122.9 Regulations Pertaining to All Adult Businesses. Sexually explicit material shall not be displayed in the windows of adult businesses. Signs advertising the adult business shall not display sexually explicit pictures or language. All off-street parking areas of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking, surface and walkwavs. (d) Adult businesses shall not employ any person under the age of 18. Sec. 15-122.9A If any part of this section of the ordinance shall be deemed unconstitutional or otherwise invalid, the validity of the remaining provisions shall not be affected thereby. OOO (2) That this ordinance shall become effective immediately upon adoption. 1914(00):54086.2 8 8/21/01 10:11 AM AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-175 and 19-301 AND ADDING SECTIONS 19-175.1 and 19-227.1 RELATING TO ADULT USES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Sections 19-175 and 19-301 of the Code of the Coun(y of Chester_field, 199 7, as amended, is amended and re-enacted and Sections 19-175.1 and 19-22 7. I is added to read as follows: Sec. 19-175. Conditional uses. The following uses may be allowed by conditional use in the C-5 District, subject to the provisions of section 19-13: (a) Any conditional use allowed in the C-3 District, unless previously permitted in the C-5 District. (b) Adult businesses ~ - -' ....... '--: j ....... 1.9Lt~,JI~_DLUI IGC/ VIU~/~L~tl ~-um, iiSOtiOii lO~t~tm c [n~aLc~ $. (ec) Bondsman. (rd) Check cashing establishment. (ge) Motor vehicle consignment lots. Occult sciences (includes fortune tellers, palmists, astrologists, numerologists, clairvoyant, craniologist, phrenologist, card readers, spiritual readers, tea leaf readers, prophets and psychics). (ig) Outdoor flea market. Oh) Pawnbroker. (k_i) Travel trailer parks. 0J) Subject to the following requirements, other uses which are not specifically enumerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before the planning 19-175.1 (a) (b) commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. Based on these considerations, he shall determine that the proposed use's operating characteristics are substantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. OOO Conditional Use Criteria for Adult Businesses. An application for a conditional use for an adult business must be approved or denied within 60 days of the filing of a complete application. The application may be denied for any of the following reasons: ¢1) The nature of the surrounding area and the extent to which the proposed use might impair its present or future development; (2) The proximity of dwellings, churches, schools, parks or other places of public, gatherings; The probable effect of the proposed use on the peace and enjoyment of people in their homes~ The limitations of fire and rescue equipment and the means of access for fire and police protection; (5) The preservation of cultural and historical landmarks and trees; (6) The probable effect of noise, vibrations, and glare upon the uses of surrounding properties; (7) The conservation of property values; and (8) The contribution, if any, such proposed use would make toward the deterioration of the area and neighborhoods. If an application for conditional use for an adult business is denied, Chesterfield County 1914:54345.1 2 8/21/01 10:13 AM will facilitate the applicant's obtaining prompt review of the decision from the Circuit Court of Chesterfield County. Sec. 19-227.1 Sale of adult merchandise. Businesses offering adult merchandise for sale or rent must segregate the adult merchandise from the other merchandise and structure the display of the adult merchandise to prevent examination, perusal, or viewing of such merchandise by juveniles. In order to achieve this, such materials shall be kept in a section or room in the establishment that: is as far as reasonably practical from merchandise likely to be of particular interest to juveniles; is physically and visually separated from the rest of the store by an opaque wall of durable material, reaching at least eight feet in height or to the ceiling, whichever is less; is access controlled by electronic or other means to provide assurance that persons under age 18 will not easily gain admission and that the general public will not accidently enter such room or section; and provides signage at the entrance stipulating that persons under 18 are not permitted inside. OOO Sec. 19-301. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: OOO Adult bookstore/videostore: An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals and/or videotapes, computer disks, CD-roms: and virtual reality devices or any other similar media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." OOO Adult business: Adult bookstore/videostore, adult mini-motion picture theater, adult motion picture theater, adult store, business providing adult entertainment or any other establishment that regularly exploits an interest in matter relating to specified sexual activities or specified anatomical areas, 1914:54345.1 3 8/21/01 10:13 AM 000 Adult entertainment: Dancing, modeling or other live performances if the performers' performance is characterized by an emphasis on specified anatomical areas or specified sexual activities, or violates Section 14-33 of the County Code. Also includes the showing of films, motion pictures, video cassettes, slides, photographic reproductions, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. 000 Adult merchandise: Magazines, books, videotapes, movies, slides, CD-roms, or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas. Also includes instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs and lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices. OOO Adult store: an establishment having as a substantial or significant portion of its stock-in-trade instruments, devices, toys or novelties designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs, or lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices. OOO Cocktail lounge: Any establishment which serves alcoholic beverages but has no more than one of the following components: live entertainment or dancing by the public. OOO Live entertainment: Entertainment provided by live artists including, but not limited to, musical performances, disk jockeys, public speaking, dramatic performances, dancers, or comedy. 000 Nightclub: Any commercial establishment which serves alcoholic beverages and has live entertainment and dancing by the public. 1914:54345.1 4 8/21/01 10:13 AM 000 Specified sexual activities: Human genitals in a state of sexual stimulation or arousal; acts o__rr simulation of human masturbation, sexual intercourse or sodomy; and/or fondling or other erotic touching of human genitals, pubic region, buttock or female breast. ooo (2) That this ordinance shall become effective immediately upon adoption. 1914:54345.1 5 8/21/01 10:13 AM CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meeting Date: August 22, 2001 Item Number: 8.B.2.f. Subject: Set a Public Hearing to Consider the Appropriation of Funds Received from the Department of Medical Assistance Services County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to set a public hearing for September 12 to consider the appropriation of funds received from the Department of Medical Assistance Services. Summary of Information' Lucy Corr Nursing Home, like virtually all other public and private nursing home facilities, receives a large percentage of its revenue from the federal Medicaid program. In Virginia the Department of Medical Assistance Services ("DMAS") administers the Medicaid program pursuant to the Virginia State Medicaid Plan. Under the program, whenever Lucy Corr provides Medicaid-eligible services, it receives Medicaid reimbursement from DMAS. For years, DMAS has reimbursed Lucy Corr based on an established reimbursement schedule. In turn, the federal government reimburses DMAS. Recently, the Commonwealth realized that it was eligible to receive a larger reimbursement amount. In order to recover this additional reimbursement, Medicaid Preparer: ~//-:~~ .~James /. L. stegm-aier Attachments' [-~ Yes No Title: Deputy County Administrator 0423:54364. ] CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: August 22, 2001 Item Number: regulations require DMAS to make enhanced payments in a lump sum to a public nursing home provider like Lucy Corr. On June 24, 2001, the Commonwealth amended the Virginia State Medicaid Plan to permit recovery of enhanced payments. The amounts involved in the transaction have not been finalized by the Commonwealth, but would be determined prior to the public hearing. Because this money will have to be appropriated and the amount will exceed $500,000, a public hearing is required by law. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 22, 2001 Item Number: 8.B.3.a. Subject: Resolution Recognizing Miss Sarah Elizabeth Lane Upon Attaining the Gold Award County Administrator's Comments: County Administrator: //'~/~- ~ Board ACtion Requested: Adoption of the attached resolution Summary_ of Information: Staff has received a request for the Board to adopt the attached resolution recognizing Miss Sarah Elizabeth Lane, Troop 75, upon attaining the Gold Award. Resides in: Clover Hill District Preparer: ~--~,/0 c~ ~ Title: '--~isa Elko Clerk to the BQ~Ud Attachments: Yes No # RECOGNIZING MISS SARAH ELIZABETH LANE UPON ATTAINING THE GOLD AWARD WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Sarah Elizabeth Lane, Troop 75, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her Country, Sarah is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Miss Sarah Elizabeth Lane on her attainment of the Gold Award and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of i Meeting Date: August 22, 2001 Item Number: 8.B.3.b. Subject: Resolution Recognizing the Retirement of Mr. Dennett K. Mills, senior Field Auditor in the Commissioner of Revenue Department County Administrator's Comments: County Administrator: 'Board Action Requested: Request approval of the attached resolution honoring Mr. Mills Summary of Information: Mr. Dennett K. Mills provided 19 years of service to Chesterfield County in the Commissioner of Revenue Department. He will be retiring October 1, 2001. Title: Commissioner of the Revenue Attachments: Yes ~-~ No RECOGNIZING MR. DENNETT K. MILLS UPON HIS RETIREMENT WHEREAS, Mr. Dennett K. Mills will retire from the Chesterfield County Office of the Commissioner of the Revenue on October 1, 2001; and WHEREAS, Mr. Mills has served Chesterfield County faithfully since July 26, 1982 when he was hired as a field auditor for the Commissioner of the Revenue; and WHEREAS, Mr. Mills began his career in public service over thirty years ago, in service to the Commonwealth of Virginia, where he not only served the taxpayers of Virginia but developed skills and aptitudes that he would later put to use in his work for Chesterfield County; and WHEREAS, Mr. Mills has displayed a persistent truthfulness and pursuit of the truth as both an auditor and as a student of the laws with regard to his duties, irrespective of popular opinion or of the consequences such pursuit might bring; and WHEREAS, Mr. Mills has often been found poring over State or County Codes or opinions of the Attorney General to be sure that he and/or his colleagues did not depart from the path intended by the legislature; and WHEREAS, Mr. Mills has helped his employers at the County to pursue excellence by asking thoughtful questions that challenged assumptions and encouraged healthy inspection; and WHEREAS, in his years of service to Chesterfield County as a field auditor and later as a senior field auditor, Mr. Mills consistently conducted honest, thorough, investigative audits; and WHEREAS, Mr. Mills has always represented his employer to the public in a dignified, courteous, and professional manner that enhanced the public trust; and WHEREAS, Mr. Mills will be remembered fondly by his close associates for his dry wit and ever-present, engaging sense of humor. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Mr. Dennett K. ("Denny") Mills, expresses the appreciation of all residents for his service to the County, and extends its congratulations upon his retirement and best wishes for a long and happy retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of~ Meeti,n~l Date: August 22, 2001 Item Number: 8.B. 4. Subject: To Appropriate Supplemental Federal Funding for Child Care Programs COnducted by the Extension Service County Administrator's Comments: County Administrator: Board Action Requested: Acceptance of supplemental federal funding and appropriation of $45,000 to continue the quality child care initiative. Summary of Information: During 1998-99 a quality child care program was initiated by the Extension Service with federal funds applied for by Social Services. The purpose of this project is to develop an initiative which focuses on assisting customers in selecting quality child care services. Components of the project include development of educational materials, conferences on quality child care for service providers, and presentations to parents on what to expect from child care providers. Due to the success of the first three years of the project, the funding has been renewed for '01 - '02. This $45,000 will be allocated to cover part time wages, educational supplies, local travel, conference expenses, and other supplies. Prepare~ Nunnally Title: Director, Extension Service Attachments: Ye s I No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetino Date: Auoust 22. 2001 Number Budget and Management Comments: This item requests that the Board appropriate $45,000 in federal funds for the continuation of the Extension Service's quality child care initiative. These funds are available to appropriate, and match the amount received in recent years. Title: Director, Budget & Management CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: August22, 2001 Item Number: S.S.5. Subject: Extend the Time for Planning Commission Recommendations on Amendments to Facilitate Amendments to Previously Zoned Property Code County Administrator's Comments: County Administrator: Board Action Requested: Grant the Planning Commission until, November 20, 2001,to make its recommendation. Summary of Information: On May 23, 2001, the Board of Supervisors referred possible Zoning Ordinance amendments relating to future amendments to previously granted zonings to the Planning Commission for consideration. At the Planning Commission's July 17, 2001, meeting, they scheduled a work session for August 21 and a public hearing on September 18. Under the Code of Virginia, unless the Board grants additional time, the Planning Commission must make their recommendation on the Zoning Ordinance amendments within 100 days of the amendment being referred to the Commission. The Commission has requested that the Board give the Commission an additional sixty (60) days to make a recommendation. Preparer: TL-omas E. Ja~ Title: Director of Planning c: DA?A/AGENDA/2000/AUG2201,2/GOK Attachments: Yes No # 01Z6 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page l of I Meeting Date: August 22, 2001 Subject: State Road Acceptance Item Number: 8.B.6. County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: MATOACA: Bayhill Pointe, Section Preparer: ~ Attachments: Yes No Title: Director of Environmental Engineering TO: Board of Supervisors FROlVi I)epmmmt of Environnmtal Engineering SUBJECT: State Road Acceptance - BAYI-tll J, POINTE, SEC. 6 DISTRICT: MATOACA MEF~TING DATE: 22 August 2001 ROADS FOR CONSIDERATION: BUFFALO NICKEL DR BUFFALO NICKEL TN BUFFALO SPRINGS DR PENNY BRIDGE DR Vicinity Map: BAYI-11I I, POINTE, SEC. 6 roducod by Ctxe~terf~eld Ckxmty G{S CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: August 22, 2001 Item Number: 8.B.7.a. Su~ect: Award Construction Contract for Robindale Road Drainage Project County Administrator's Comments: County Administrator: Board Action Requested: Award the construction contract for the Robindale Road Drainage Project to Early Sunrise Construction, Inc. of Virginia in the amount of $167,217 and authorize the County Administrator to execute the necessary documents. Summary of Information: The County accepted bids on Friday, June 15, 2001 for the Robindale Road Drainage Project which is integrated with VDOT's ongoing Robious Road improvements. The one easement necessary for construction has been obtained, and all adjacent citizens have been notified of the impending project. Four bids were submitted, and the low bid was received from Early Sunrise Construction, Inc. of Virginia in the amount of $167,217. Sufficient funds are available in the Capital Improvement Program. Staff Recommendations: Staff recommends that the Board of Supervisors award the construction contract for the Robindale Road Drainage Project to Early Sunrise Construction, Inc. of Virginia in the amount of $167,217 and authorize the County Administrator to execute the necessary documents. District: Midlothian Preparer: Title: Director of Environmental Enqineerincl Attachments: Yes -]No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 MeetJna Date: Auaust 22. 200'1 Number Bud.qet and Mana.qement Comments: This item requests approval to award the construction contract for drainage improvements on Robindale Road. Funds were allocated in the FY02 Capital Improvement Program for this project in the amount of $100,000 and sufficient funds are available in the miscellaneous drainage account to cover the remaining $67,217 needed. Title: Director, Budget & Manaqement OIGO 1412 5182 1401 1313 10416 100 1419 5797 1413 1407 3 10316 1O3O8 Parcel Map of Chesterfield CountyA Chesterfield County assumes no legal responsibility for the information cont~xt on this map. ]his N map is not to be used for land conveyance. qlae horizontal data is based on the VA State Plane Coordinate system, NAD 1983. lhe topographic information is based on 1989 photogranamW and NAVD29. 0 100 200 Feet 2m7 R'r. 1761 1420 lO~8 8 1441 1875 2 14Ol 141o 727o 1O3O8 33~ 7~4 1408 10300 27st 9 1355 3 1313 5 8138 1325 4 1319 1347 7 1339 8742 1331 1401 1331 1424 1409 1417 1330 1412 6446 14~6 1400 1331 4 103(30 Location 1247 3 2 5874 //Printed by: Environmental Engineering Date: Thu Aug 09 10:40::34 2001 Copyright 2001. Chesterfield County CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meeting Date: August 22, 2001 Item Number: $.B.7.b. Subject: Award Construction Contract for Completion of Commonwealth Centre Parkway County Administrator's Comments: County Administrator: Board Action Requested: Award the construction contract for the completion of 1400' of Commonwealth Centre Parkway to Shoosmith Brothers, Inc. in the amount of $51,210; authorize transfer of $51,210 from the Miscellaneous Drainage Improvement account; and authorize the County Administrator to execute the necessary documents. Summary of Information: In conjunction with occupancy of Hunters Chase Apartment complex, approximately 600' of Commonwealth Centre Parkway was accepted into the State's secondary road system. In conjunction with the construction of Route 288 and the flyover, the remainder of Commonwealth Centre Parkway was constructed constituting a through road that was to be accepted into the State system. The Transportation and Environmental Engineering Departments were requested not to have this portion taken into the State system as the new developer planned to relocate the road and preferred to deal with the County rather than vacating the road through VDOT. The Transportation and Environmental Engineering Departments worked with the developer's representative to retain bonds and to relocate the roads. Once the roads were relocated, the original bond was returned and a new bond was in place. Agreements and land sales transpired that did not involve the County, and the new developer believes his obligation does not include this remaining 1400' of Commonwealth Centre Parkway. Richard ~¥McElfish Attachments: Yes ~ No O1GZ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Meeting Date: August 22, 2001 Item Number: (Continued) Staff has been unsuccessful in having the responsible party complete the punchlist for State acceptance. With the imminent opening of Commonwealth II and increased traffic, it is imperative that the remaining 1400' be taken into the State system. The County therefore solicited bids for the completion of VDOT's punchlist, and a bid opening was held on August 16, 2001. Six bids were submitted with the low bidder being Shoosmith Brothers, Inc. in the amount of $51,210. Staff recommends that the funds be transferred from the Miscellaneous Drainage Improvement account. The County Attorney's office will proceed with recouping the funds to reimburse the account. Staff Recon%mendations: Staff recommends that the Board of Supervisors approve the following: 1. Transfer $51,210 from the Miscellaneous Drainage Improvement account. o Award the construction contract for completion of VDOT's punchlist for approximately 1400' of Commonwealth Centre Parkway to the construction firm of Shoosmith Brothers, Inc. in the amount of $51,210. Authorize the County Administrator to execute the necessary construction documents. District: Matoaca CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: August 22. 2001 Number Bud.qet and Mana.qement Comments: This item requests approval to award the construction contract for drainage improvements to 1,400 feet at the Commonwealth Centre Parkway. Sufficient funds are available in the miscellaneous drainage account to cover this $51,210 transfer. Should the County receive reimbursement for this project, it will be returned to the miscellaneous drainage account to replenish it. Prepa~ Title: Director, Budget & Mana.qement OIL3,I Parcel Map of Chesterfield CountyA ~ Chesterfield County assumes no legal responsibility for ~ information contained onthis map. 'this N map is rot to be used for land conveyance. 1-he horizontal ~ta is based on the VA State Plane Coordinate system, NAD 1983. lhetolx)gra/~c information is based on 1989 ph~ and NAVD29. 250 0 250 Feet Project Printed by: Environmental Engineering Date: Thu Aug 09 12:14:22 2001 0135 Copyright 2001. Chesterfield County CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 22, 2001 Item Number: 8.B.8.a. Su~ect: Approval of Utility Contract for Rosemont Section I and 16" Waterline Contract Number 00-0109 County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary of Information: This project includes the extension of 1,150 L.F.± of 16" oversized waterline and 395 L.F.± of additional 8" waterline work. The Developer is required to have an 8" waterline to serve his development. Staff has requested that the waterlines be oversized and the additional work installed to provide service to adjoining properties. In accordance with the ordinance, the Developer is entitled to refunds for the construction cost of the oversized improvements. Developer: Contractor: Rosemont Associates Excalibur Construction Corporation Contract Amount: Code: District Preparer: /~/~~'~ ~//J. E. Be~, Jr. Est. County Cost for Additional Work $5,790.00 Est. County Cost for Oversizing $34,280.00 Est. Developer Cost ......... $70,725.00 Est. Total .............. $110,795.00 (Refunds thru Connections - Oversizing) 5B-572VO-E4C (Cash Refund - Additional Work) 5B-572WO-E4C Title: Assistant Director Attachments: Yes ~'~ No 0136 VICINITY SKETCH Rosemont Section I & 16" Waterline County Project # 00-0109 · ' ~ ~ Chesterfield County Department of Utilities Development Section CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~ Date: August 22, 2001 Item Number: Subject: Approval of Utility Contract for Chesterfield Garden Apartments and Self Storage - Contract Number 98-0100 County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary of Information' This project includes an offsite extension of 1048 L.F.± of 8" wastewater lines and 230 L.F.± of 8" water lines. In accordance with the ordinance, the Developer is entitled to refunds through connection fees for the construction cost of the offsite improvements. Developer: Contractor: Chesterfield Gardens, LP Richard L. Crowder Construction Company Contract Amount: Code: Est. County Cost for Offsite Wastewater $30,216.45 Est. County Cost for Offsite Water $4,564.00 Est. Developer Cost ......... $198,006.78 Est. Total .............. $232,787.00 (Refunds thru Connections - Offsite Wastewater) 5N-572VO-E4D (Refunds thru Connections - Offsite Water) 5B-572VO-E4D District,~uda__ Preparer: /-~J. ~,. Be~, Jr. Title: Assistant Director Attachments: Yes [----] No VICINITY SKETCH Chesterfield Garden Apartments & Self Storage County Project # 98-0100 # 0100 Chesterfield Garden & Self Storage 98-01 Chesterfield County Department of Utilities Development Section CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: August 22, 2001 Item Number: 8.B.8.c. Subject: Approval of Utility Contract for Bermuda Medical Complex - Contract Number 00-0017 County Administrator's Comments: County Administrator: Boar Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary of Information- This project includes an offsite extension of 125 L.F. ± of 8" water lines. In accordance with the ordinance, the Developer is entitled to refunds through connection fees for the construction cost of the offsite improvements. Developer: Contractor: Beckwith and Duncan, LLC William M. Harmon Contractors Contract Amount: Estimated County Cost for Offsite $5,177.59 Estimated Developer Cost ....... $21,144.91 Estimated Total ........... $26,322.50 Code: (Refunds thru Connections - Offsite) 5B-5720VO-E4D District~d~ Preparer: Title: Assistant Director Attachments: Yes ~ No Ox,tO VICINITY SKETCH Bermuda Medical Complex County Project # 00-0017 ;d Complex Chesterfield County Department of Utilities Development Section CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 22, 2001 Item Number: 8.B.9.a. Subject: Acceptance of a Parcel of Land for Speeks Drive Extended from Grafton School Incorporated, a Virginia Corporation County Administrator's Comments: Coun~ Administrator: ~ t~. ~ Board Action Reques~d: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 1.009 acres from Grafton School Incorporated, a Virginia corporation, and authorize the County Administrator to execute the necessary deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 1.009 acres for Speeks Drive Extended. This dedication is for the development of Grafton School. Approval is recommended. District: Matoaca John W. Harmon Title: Right of Way Manager Attachments: Yes ---]No VICINITY SKETCH Acceptance of a parcel of land situated north of the right of way line of Price Club Boulevard from Grafton School Incorporated, a Virginia Corporation RD 02' O bUN o CT -LOW CT ~D Chesterfield County Department of Utilities Right Of Way Office 1 I I 1 I I I I ~ / t I I f I I I I I I tI iI ~ I ~1I II I ~ I I 1 iI lI iI I . t ,I CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 22, 2001 Item Number: 8.B.9.b. Subject: Acceptance of Two Parcels of Land; One Along the East Right of Way Line of Harrowgate Road, and One Along the West Right of Way Line of Happy Hill Road from Suzanne and Son, L.L.C. County Administrator's Comments: County Administrator: 8oa~Action Requestsd:staff recommends that the Board of Supervisors accept the conveyance of two parcels of land containing a total of 0.394 acres from Suzanne and Son, L.L.C., and authorize the County Administrator to execute the necessary deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of two parcels of land containing at total of 0.394 acres along the east right of way line of Harrowgate Road (State Route 144), and the west right of way line of Happy Hill Road {State Route 619). This dedication is for the development of Chester Child Development Center. District: Bermuda John W. Harmon Title: Right of Way Manager Attachments: Yes [~ No CI NITY SKETCH Acceptance of two parcels of land, one situated east of the east dght of way line of Harrowgate Rd ( State Rt 144), and one situated west of the west right of way line of Happy Hill Rd ( State Rt 619), from Suzanne & Son, L.L.C. HAPPY HILL RD SPLIT CREEK CT [1.1 u,",NIELs ST RD HILL RD m RD N/LL ~ i/ Chesterfield County Department of Utilities Right Of Way Office 0146 +8.4' TO NORTHERN R/W LINE. EXTENDED SUNSET AVENUE CHESTER CHILD DEVELOPMENT (D,B. 1261, PO, 432) (:;PIN 791-645-1132-00000 ,? GARDEN CITY HEIGHTS ~ (PART OF LOT 8) 15' WATER EASEMENT (D.B. 1587, PO, 658 RIGHT-OF-WAY 30' DEDICATION 0.307 ACRt~S I'0 SUZANNE & SON, LLC. D.B, 3874, PG. 221 .GPIN 791-645-3016-00000 1,3710 HAPPY HILL ROAD GARDEN CITY HEIGHTS (PART OF LOT 8 & LOT 10) 10.24' 10' DEDICATION AREA= 0.087 ACi~ES $0,I9' RIGhT-OF-WAY ¢5057.15 E 11791565.25 VERNE J. BLANKENSHIP (D,B. 3151, PG. 345) GPIN 791-644-5385-00000 GARDEN CITY HEIGHTS (LOT 12 & PART OF LOT 14) Charles Pa~ers0n, Jr. Certificate PLAT SHOWING TWO PARCELS OF LAND TO BE DEDICATED TO THE COUNTY OF CHESTERFIELD CHARLES O. PATTERSON, JR. LAND SURVEYOR SCALE: 1" = 100' 1002' ETHELfCOOD ROAD COUNTY SITE PLAN NO. 00PR0237 DATE: FEBRUARY 5, 2001 G£EN AL£EN, FZRGZNZA COUNTY PROJECT NO. 99-0194 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 22, 2001 Item Number: 8.B.9.c. Subject: Acceptance of a Parcel of Land Along the East Right of Way Line of Briggs Road from Beckwith & Duncan, L.L.C. County Administrator's Comments: County Administrator: ~_ ~ Board Action Requested: Staff recommends that the Board of Superv±sors accept the conveyance of a parcel of land containing 0.10 acres from Beckwith & Duncan, L.L.C., and authorize the County Administrator to execute the necessary deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.10 acres along the east right of way line of Briggs Road (State Route 738). This dedication is for the development of Bermuda Medical Park. District: Bermuda John W, Harmon Title: Right of Way Manager Attachments: Yes ]No VICINITY SKETCH Acceptance of a parcel of land situated northeast of the right of way line of Briggs Road (State Route 738) from Beckwith & Duncan, L.L.C. O2- OSBORNI9 RD 1 DR BLITHE DR WARE BO'Iq'OM SPRING RD Chesterfield County Department of Utilities Right Of Way Office CO. PROJ #00-0017 CO. CASE #01PR0188 C-1 R-870.00' L-175.58' Tan=88.09' Delta=11 '33'48" C~d Brg=S31'56'02"1 Chd=175.28' C-2 R=855.00' L-172.55' · -, Tan=C86.57' ~i Delto=l 1'33'48' ~ Chd Brg=-S31'56'02" '-' Chd=172.26' 0 ~ PN: 99456 TRAMZ CHESTERFIELD, L.L.C. I/12407 HUNDRED ROAD D.B. .7426, PO. $77 GPIN: 79965.7958000000 N 3653556.48 S87'23'16'E~ 229,78' //~E 11800213.19 ,~. ~.~ I DUNCAN, L.L.C. ~"" ~ ",.. ~d '~ jt12901 BRIGGS ROAD ~. ,.~ o I GPIN: 80065.3043100000 -~ GRAPHIC SCALE 5O ~00 ~00 ( m ~T) = 100 fL PLAT SHOWING 0.10 ACRE DEDICATED TO THE COUNTY OF CHESTERFIELD BERMUDA DISTRICT CHESTERFIELD COUNTY, VIRGINIA REVISED: MARCH 1, 2001 FEBRUARY 16 2001 SCALE: 1" = 100' JULY 5~ 2001 CHARLES C. TOWNES & ASSOCIATES, P.C, CIVIL ENGINEERS - PLANNERS - LAND SURVEYORS 9850 LORI ROAD, SUITE 201 CHESTERFIELD, VIRGINIA 23832 DRAWN BY APPROVED By.../11 0150 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 22, 2001 Item Number: 8.B.9.d. Subject: Acceptance of a Parcel of Land Situated East of the Centerline of Buford Road from the Trustees of The Islamic Center of Virginia County Administrator's Comments: County Administrator: /J/~ ~. ,,~' Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.31 acres from the Trustees of The Islamic Center of Virginia, and authorize the County Administrator to execute the necessary deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.31 acres situated east of the centerline of Buford Road (State Route 678). This dedication is for the development of The Islamic Center of Virginia. Approval is recommended. District: Midlothian John W. Harmon Title:__Right of Way Manager Attachments: Yes -~No VICINITY SKETCH Acceptance of a parcel of land situated east of the center line of Buford Road (State Rt 678) from the Trustees of the Islamic Center of Virginia QUAKER LN WAY RD jahnke rd EPIC RD -~:)~NGTON DR DR COMMONS Chesterfield County Department of Utilities Right Of Way Office 9NDI~¥d 9NIISIX3 -~ ~o 3 ,,Z~ ,g~ oOg N ~a_ 0153 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 22, 2001 Item Number: 8.B.9.e. Subject: Acceptance of a Parcel of Land Along the Northeast Right of Way Line of Hicks Road from The Trustees of Friendship Memorial Baptist Church County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.137 acres along the northeast right of way line of Hicks Road (State Route 647) from The Trustees of Friendship Memorial Baptist Church, and authorize the County Administrator to execute the necessary deed. Summary of Information: It is the poli~y of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease"the right of way costs for road improvements when constructed. District: Clover' Hill John W. Harmon Title: Right of Way Manager Attach ments: Yes --~No # VICINITY SKETCH Acceptance of a parcel of land along the northeast right of way line of Hicks Road from The Trustees of Friendship Baptist Church. CT SONNET HILL CT BLARNEy KINGo,~,gLE LN z Chesterfield County Department of Utilities Right Of Way Office NUMBER DELTA CHORD BF-/~ING TANGENT P. AfllUSLENGTH CHORD Cl 13"48'00" N37"38'55"E I~3.51 I185.g2 285.64 284. g5i C2 13"48'00" S37"$8'55"E 1'14.12 1190.92 286.8'I 286,15 C3 05"50'16" N33'40'03'~ 56.39 1105.92 I12.68 112.63 C4 06"01'24" S33"45'37"E 57.92 1100.92 I15.73 115.68 GPIN 755-696-7820-00000 - HERBERT G. ~ARTIN & ,.~CQUELINE R4RTIN D.B. 3953 P~. 35 100 0 SCALE 1" = 100 100 200 I FEET N22'57'2 I' PLAT SHDk/ING A 5, STRIR DF LAND CONTAINING 0,137 ACRE TD BE DEDICATED TO THE COUNTY DF CHESTERFIELD CLOVER HILL DISTRICT CHESTERFIELD COUNTY, VIRGINIA co. P~O~. ~97-0150 co. CASE [01PR0243 POTTS, MINTER and ASSOCIATES, P.C. Engineers, Land Surveyors, Land Planners 35~0 Court, house Road Suite B Richmond, Virginia ,?,3,836 (804) Dote: 4-1-01 5cole: 1'=I00' o.t~. 0102-07 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: August 22, 2001 Item Number: 8.B.9.f. Subject: Acceptance of a Parcel of Land Along the East Right of Way Line of Goodes Bridge Road from V. Cassel Adamson, Jr. County Administrator's Comments: County Administrator: ////~ ~ ~ Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.08 acres along the east right of way line of Goodes Bridge Road (State Route 1668) from V. Cassel Adamson, Jr. and authorize the County Administrator to execute the necessary deed. Summary of Information: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Dale John W. Harmon Title: Right of Way Manager Attachments: Yes -~No VICINITY SKETCH Acceptance of a parcel of land along the east right of way line of Goodes Bridge Road from V. Cassel Adamson, Jr. PROVIDENCE FOREST CT ~ DR SATINWOOD DR Chesterfield County Department of Utilities Right Of Way Office O~L~ E=t~766971.6g V. Cassel Adamson, Jr. ~ 106g~.74 /' ~ N -3696976. g i RCTC Wholesale Corporation 0 9 2502u~g' 468 7~7:696-07/ 2501Goodes ~,~dge Road Plat of 0.08 ac. parcel to be dedicated Lo County Of Chesterfield Located On The East Line Of Goodes Bridge Road in Dale Magisterial DJstric[ in Ches[erfield County, Virginia. DaLe: June 25, 2001 GRAPHIC SCALE 1 "=50' Co, Pro~. 95-02i0 Co,Case OJpr0269 0 50 200 150 F,N. 2001-012-4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 22, 2001 Item Number: 8.B.10.a. Subject: Request Permission to Install Private Sewer and Water Services Within a Private Easement to Serve a Residence at 1103 Adkins Road County Administrator's Comments: Board Action Requested: Staff recommends approval subject to the execution and recordation of a sewer and water connection agreement. Summary of Information: Robert A. Lanford and Joyce H. Lanford, have requested permission to extend private sewer and water services across Lots 4 and 5, The Meadows, Section 4, to serve a residence at 1103 Adkins Road. This request has been reviewed by staff and approval is recommended. District: Clover Hill Preparer: John~.~Harmon ~ Title: Right of Way Manager Attachments: --] No #0i60 VICI NITY SKETCH REQUEST PERMISSION TO INSTALL A PRIVATE SEVVER & WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE A RESIDENCE AT 1103 ADKI NS ROAD Chesterfield County Department of Utilities Right Of Way Office Ot/N£R, COGS BEVELDPEHENT C[I, LLC D,B, 40~1 PG. 80~ 5O 0 SCAL~ 1" ~ 50 50 3 LOT 4 SECTIO~ 6 6 PLAT SHOalING PROPOSED coo' PRIVATE EASEMENT FDR ~/ATER AND 3EVER ON LOT3 4 AND 5, PLAN DF 'THE MEADOW/3; SECTION 4 CLZ]VER HILL DISTRICT CHESTERFIELD COUNTY, VIRGINIA Sco~,: o.n, O00B-03 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 22, 2001 Item Number: 8.B. 10.b. Subject: Request to Install Private Sewer Services Within Private Easements to Serve Townh~uses in The Villas at Watermill, Phase 1 County Administrator's Comments: County Administrator: Board Action Requestsd: Staff recommends that the Board of Supervisors approve a request to install private sewer services within private easements to serve townhouses in The Villas at Watermill, Phase 1 and authorize the County Administrator to execute the sewer connection agreement. Summary of Information: Watermill Properties, L.L.C. and C. Richard Dobson Builders, Inc. have requested approval to install private sewer services within private easements to serve the townhouses on Lots 4, 14, 15, 26, 32, 56 and 65, The Villas at Watermill, Phase 1. This request has been reviewed by staff and approval is recommended. District: Matoaca John W. Harmon Title: Right of Way Manager Attachments: Ycs ]No ' '- VICINITY SKETCH Request to Install Private Sewer Services Within Private Easements to Serve Townhouses in The Villas at Watermill, Phase 1 The Villas at Watermill Phase 1 POWhite Parkway EXtension Chesterfield County Department of Utilities Right Of Way Office ENGINEERS · ARCHITECTS * SURVEYORS * LANDSCAPE ARCHITECTS *.ENVIRONMENTAL SCIENllSTS ' DEOGRAPH)C INFORMATION SYSTEMS CONSULTANTS · CONSTRUCllON MANAGERS Z-IE V£LLAS ~ ~A TEZ~IfILL - t~H~. UTIZIT~v t~LAN CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 22, 2001 Item Number: 8.B.10.c. Subject: Request Permission for a Fence to Encroach Within a Twenty Foot Drainage, Sewer and Storm Water Management/Best Management Practice Access Easement, a Sixteen Foot Drainage Easement and a Five Foot Easement and Streetlight Easement Across Lot 6, Bon Air Ridge County Administrator's Comments: County Administrator: '¢~ ;6. ~ Board Action Reques~d: Staff recommends that the Board of Supervisors grant Robert N. Stamback, permission for a fence to encroach within a 20' drainage, sewer and SWM/BMP access easement, a 16' drainage easement and a 5' easement and streetlight easement across Lot 6, Bon Air Ridge; subject to the execution of a license agreement. Summary of Information: Robert N. Stamback has requested permission for a fence to encroach within a 20' drainage, sewer and SWM/BMP access easement, a 16' drainage easement and a 5' easement and streetlight easement, across Lot 6, Bon Air Ridge. This request has been reviewed by staff and approval is recommended. District: Midlothian Preparer: ~ ?...J. ~,,~ Jo'll'n W. Harmon Title: Right of Way Manager Attachments: -~No VICINITY SKETCH REQUEST PERMISSION FOR A FENCE TO ENCROACH WITHIN A 20' DRAINAGE & SEWER SVVlVVBMP ACCESS EASEMENT & A 16' DRAINAGE EASEMENT & A 5' EASEMENT AND STREETLIGHT EASEMENT ILL F, ii., (~~ Gy,.A,~,4 ~.-,( RD RO / QUAKER LN RD Chesterfield County Department of Utilities Right Of Way Office 0166 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: August 22, 2001 Item Number: 8-BTi~! Subject: Request to Quitclaim Portions of Two Sixteen Foot Water Easements Across the Property of Chippenham & Johnston-Willis Hospitals, Inc. County Administrator's Comments: County Administrator: ~ ,~_ ~.~ Board Action Requested: Staff requests that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate portions of two 16' water easements across the property of Chippenham & Johnston-Willis Hospital, Inc. Summary of Information: Chippenham & Johnston-Willis Hospital, Inc. has requested the quitclaim of portions of two 16' water easements across its property as shown on the attached plat. Staff has reviewed the request and recommends approval. District: Midlothian John W. Harmon Title:_ Right of Way Manager Attachments: Yes No VICINITY SKETCH Request to quitclaim portions of two sixteen foot water easements across the property of Chippenham & Johnston-Willis Hospitals, Inc. o DUNN~O BRIARMONT RD CT /~S z o ~ iN-I-~_E~N_~Kr IOI"IAL OR LU B USIN~."'~ soUTHLAN~ Chesterfield County Department of Utilities Right Of Way Office CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 3 Meetin~ Date: August 22, 2001 Item Number: 8.B.12. Subject: Authorize the County Administrator to Execute Health Care Contracts for 2002 with the Virginia Association of Counties (VACo) Health Benefits Trust '~9orking in conjunction with Mid Atlantic Medical Services, Inc. (MAMSI), and Trigon Healthkeepers, and to Renew a Dental Care Contract with United Concordia Companies, Inc. for 2002 County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to authorize the County Administrator to enter into contracts with the Virginia Association of Counties (VACo) Health Benefits Trust working in conjunction with Mid Atlantic Medical Services, Inc. (MAMSI) and Trigon Healthkeepers and to renew a contract with United Concordia Companies, Inc. for 2002 at the rates attached. Summary of Information: With the technical assistance of Mercer, Inc., a national benefits consulting firm, County and Schools staff recently completed the rate renewal process for the 2002 employee dental program and an extensive RFP process for health care. Potential health care vendors were evaluated based on the following criteria: · ~'arl~t J.~Ge~er' - - Title: Director, HRM Attachments: Yes ~ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 · Provider access; · Customer service and account management; · Ability to meet administrative and contract requirements; and · Financial (rates, guarantees, financial stability) In order to provide employees with quality health and dental care options within budgetary targets, it is recommended that the County renew its current dental contract with United Concordia Companies~ Inc. and enter into new health care contracts with the Virginia Association of Counties (VACo) Health Benefits Trust working in conjunction with Mid Atlantic Medical Services, Inc. (MAI{SI) and our largest current provider, Trigon Healthkeepers. The County's other current vendor, CIGNA, will not be offered, as they were only interested in continuing their relationship with the County if they were the sole vendor. Mid-Atlantic Medical Services, Inc. was created in 1986 and provides coverage to over 1.9 million members. It has received an excellent accreditation for its HMO, Optimum Choice, from the National Center on Quality Assurance (NCQA) and is the ~1 rated plan offered by the Federal government. The Optimum Choice network is broad, covering over 900 primary care physicians, every hospital and all major pharmacies in this area. In 1995, VACo created a Health Benefits Trust to provide healthcare to public entities in Virginia through a non-profit, fully insured joint purchasing arrangement. MAMSI was selected by VACo as its sole vendor. Under the proposed 2002 program, employees will continue to have the choice of four different health plans (two HMOs and two point-of-service plans) and two dental plans (basic and comprehensive). The attached rate chart shows 2002 premiums. United Concordia's dental rates will be the same in 2002 as they are in 2001, because a two-year rate guarantee was negotiated last year. Health care rates will increase approximately 19%. Information on the proposed 2002 health and dental care program was presented to the joint Board of Supervisors and School Board Benefits Committee on August 2, 2001, and additional briefings were held August 22, 2001. The Benefits Committee recommends approval to the full boards. The School Board will approve a similar agenda item on August 28, 2001. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: August 22. 2001 Nurrlber Budget and Mana.qement Comments' This item requests that the Board authorize health care contracts for Calendar Year 2002 with Mid Atlantic Medical Services, Inc. (MAMSI), and Trigon Healthkeepers, Inc., and renew a dental care contract with United Concordia Companies, Inc. The health care rates listed on the attached schedule represent a significant increase from those paid by the County (and its employees) in Calendar Year 2001. As health care premiums are budgeted on a fiscal year basis, the increase in Calendar Year 2002 will result in additional costs in the current year as well as in FY2003. In order to address this increase in health care premiums, the County will need to budget approximately $1.6 million more in FY2003 than was budgeted in FY2002 for this purpose. Almost all of this increase will need to be addressed with general funds. .~~b ?,~ ~ick~on Director, Budget & Management CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: August 22, 2001 Item Number: 8.B.13. Subject: Request for a Music/Entertainment Festival Permit for Sundays' Outdoor Concert on September 3, 2001 County Administrator's Comments: County Administrator: Board Action Requested: Restaurant The Board of Supervisors is requested to grant a request for a music/entertainment festival permit for Sundays' Restaurant outdoor concert on September 3, 2001 subject to conditions. Summary of Information: At its July 25, 2001 meeting, the Board deferred to its August 22, 2001 meeting a request from Sundays' Restaurant to conduct an outdoor concert on September 3, 2001. The event is planned to occur on the grounds of Sundays' Restaurant located at 4602 Millridge Parkway, Midlothian, Virginia (see attached application). Admission tickets will be sold for $10.00 in advance and $12.00 at the gate. Gates will open at 5:00 p.m. with music beginning at 6:00 p.m. Ail activities will conclude at 9:00 p.m. It is anticipated that approximately 1000 will attend the concert. Sundays' Restaurant will provide all catering. The music/entertainment arrangements have been reviewed by the County Attorney's Office and meet the substantive requirements of the ordinance. These arrangements provide adequate measures to insure public safety, fire prevention, medical protection, sanitation, traffic control, insurance coverage, relevant permits and security. Preparer: Steven L. Micas Attachments: Yes [-~ No Title: County Attorney 1223(22):54084.3 0174 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin~l Date: August 22, 2001 Item Number: Sundays' Restaurant conducted an outdoor concert similar to the one proposed on Memorial Day, Monday, May 28, 2001 on its grounds located at 4602 Millridge Parkway, Midlothian, Virginia. The restaurant had not applied for or received a Music/Entertainment Festival Permit for that May concert. During the May concert, three adjacent property owners complained to the Police Department about the level of the music. In addition, there have been complaints that people attending the concert were using parking spaces normally used by Brandermill residents who might not be attending the concert. The restaurant owner was sent a letter informing him that he had violated the local ordinance by conducting an outdoor concert without a music/entertainment permit. After the concert, a meeting was held with citizens, Mr. Warren and County staff to discuss the failure to obtain an outdoor music festival permit and failure to control the noise level of the concert. If the Board grants the outdoor Music Festival Permit staff recommends that the applicant insure that there is no parking by concert attendees in the approximately 36 parking spaces in the upper and lower parking areas contiguous to the BCA Sailing Center. To ensure compliance with this requirement the applicant will provide a designated person to control parking in this area during the event. In addition, the applicant must agree to strict enforcement of the closing time. 0175 Mr. Wendell C. Roberts Assistant County Attorney Chesterfield County Administration Building, Room 503 P.O. Box 40 Chesterfield, Va. 23832-0040 Dear Mr. Robe,s, Tha~ you for your ~sistance with our pursmt infomation regarding application for a Music Ente~aiment Festival Pe~it. Sundays' Restaurant, which is located at 4602 Millridge Parkway, Midlothian, Va. 23112, is both the applicant and the event promoter. We will receive all net proceeds generated by the concert September 3rd, 2001. Gates will open at 5:00 pm with music beginning at 6:00 pm. All activities will conclude at 9:00 pm. Sundays' Restaurant is owned by Out To Lunch, Inc. at the same address as the restaurant, and will assume full financial responsibility for the concert. The musical group performing will be Fighting Gravity which is managed by David Triano of B.O.B records, 378-4669. Admission tickets will be primed by BOB records, which will be used to control admission to the event. We anticipate being able to admit 1,000 individuals into the concert area. Admission will be $10.00 in advance, $12.00 at the door. We have contracted Mo-Johns of Cartersville, Va. to provide portolets for the event. Units will be in place for the duration of the event. All post-concert clean up in the actual concert area, and in the parking lots will be conducted by Sundays' staff, and waste will be disposed of by BFI which services the restaurant. Sundays' restaurant will assume all catering needs of concert attendees. Lodging will not be a necessity for our event. We are alerting Manchester Rescue Squad, and Clover Hill Volunteer Fire Department of our event's time and date. We will work with R.M.C. Events Inc. in the event of an emergency to notify the proper medical personnel. Adequate parking facilities are available throughout Sunday Park to accommodate our event. Our concert will occur on a holiday and will not interfere with parking spaces which are utilized for office workers and the Brandermill Church. Outdoor lighting will be utilized only on our stage area to accommodate the needs of the performing band, and their illumination will not extend beyond the property boundaries. Music, both taped and live will be played in such a manner that the sound emanating will not constitute a nuisance to adjacent property owners. We have contracted R.M.C. Events Inc. who will oversee crowd control and all other security components of the concert, along with off duty Chesterfield County Police Officers. Access to Brandermill amenities in Sunday Park including boat ramp, and peninsula parking shall not be compromised by result of concert traffic. Out To Lunch Inc. carries a general liability insurance policy to insure against injury or damage. Our application fee is attached. I trust that the above information is adequate to meet the county's requirements for approval of our Entertainment Festival Permit. Please do not hesitate to call me with any questions. 744-2545 Thank you for your assistance. Sincer~t~ ~ Whitnel Box3e Beverage and Promotions Manager 0 lkTS Mr. Wendell C. Roberts Assistant County Att0mey Chesterfield County Administration Building, Room 503 P.O. Box 40 Chesterfield, VA 23832-0040 Dear Mr. Roberts, The officers of Out To Lunch Inc. hereby authorize the county, and its lawful agents, employees, designees or law enforcement officers to enter the property upon which the festival in question will be held any time prior to or during the festival to determine compliance with the provisions of this article or any state and local statutes, ordinances and regulations. Whitn~//E~Bowe Kevin F. Healy CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: August 22, 2001 Item Number: 8.B.14. Subject: Appropriation of $392,795 of Federal Title IV-E Funds for County Foster Care Prevention Programs County Administrator's Comments: ~~ County Administrator: Board Action Requested: The Board of Supervisors is requested to appropriate $392,795 of Federal Title IV-E funds to the Title IV-E Revenue Maximumization Fund in Social Services, and create two full-time positions in Social Services and one full-time position in MH/MR/SA. Summary of Information: Title IV-E of the Social Security Act provides federal entitlement funds for child welfare recipients for a wide variety of community programs that prevent foster care placements and provide non-residential services to children in need. Title IV-E reimburses programs on a 50 percent basis less state administrative expenses. A total of $253,400 will be expensed for the following: Social Services (1)Revenue Max Coordinator Detention Home (1)Mental Health Clinician Computer PC Upgrades Comprehensive Services (1)Principle Account Clerk (1)Part-time Admin. Asst. Furnishings for Group Home Software Acquisition/Training Computer equipment Families First Lease of space Moving/Furnishings Operating expenses (1)Senior Office Asst. Spanish interpretor (contract) Data Base consultant Total Expenses Reserve TOTAL Prepare~ ~ ~~~ Bradford S. Hammer $42,400 $45,000 $ 5,700 $31,100 $11,100 $ 1,700 $15,000 $12,000 $25,300 $26,000 $ 8,900 $ 9,200 $10,000 $10,000 $253,400 $138,395 $392,795 Title: Deputy County Administrator Attachments: [-~ Yes No 01~0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetina Date: Auaust 22. 2001 Number Bud.qet and Mana.qement Comments: This item requests that the Board appropriate $392,795 in federal Title IV-E funds in the Social Services budget, and authorize the creation of three full-time positions for additional services provided by the County for children in need. These funds were recently received as reimbursement for previously incurred expenses, and are available to appropriate. Prepa Title: Director, Budget & Manaqement CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of:[ Meeting Date: August 22, 2001 Item Number: 8.B.15. Subject: Variance Application on Behalf of Tri-Cites Habitat for Humanity to Build on a Non-Conforming Lot County Administrator's Comments: County Administrator: Board Action Requested: Mrs. Humphrey requests that the Board of Supervisors initiate a Variance Application for a 3.1-foot exception to the 50-foot lot width requirement and a 597 square foot exception to the 7,000 square foot lot area requirement on behalf of Tri-Cities Habitat for Humanity. Summary of Information' Tri-Cites Habitat for Humanity has purchased a lot located at 21513 Pannil Street in Ettrick and has demolished the abandoned structure that was on it with the intent of building a new single family residence. The lot was created in 1923 and is too small and narrow to conform to today's standards. Habitat for Humanity is a non-profit organization dedicated to helping low income families with affordable housing. In this instance, Tri-Cities Habitat for Humanity is purchasing several lots in Ettrick, demolishing derelict buildings and replacing them with new homes thereby increasing property values in the community. For these reasons, Mrs. Humphrey is requesting that the Board initiate this application. Turner Title: Development Manaqer Attachments: Yes ['-~ No l# 01~Z R-7 R-7 "x 01~,3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: Au~lust 22, 2001 Item Number: 8.B.16. Subject: FY0~. Chesterfield Community Services Board Performance Contract County Administrator's Comments: County Administrator: Board Action Requested: Approve the FY02 Performance Contract between the Chesterfield Community Services Board and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services. Summary of Information: The State Code of Virginia Section 37.1-198 requires the governing body of each city or county to approve its CSB's annual performance contract through a formal vote. The CSB Board approved the FY01 Performance Contract at a regular meeting held on July 19, 2001. The performance contract describes scope and costs of services and includes exhibits that detail: revenues, costs of membership information and the type of CSB. The State also requires various supplemental schedules related to CSB membership characteristics, terms, staff management salary costs and revenues that are not part of the Performance Contract. Attached for reference is an Executive Summary of contract terms and conditions. The original contract document is filed with the Deputy County Administrator, Human Services. // Ge~r~ Br~unstein Attachments: Yes ~No Title: Executive Director Community Services Board # 01~4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 EXECUT'rVE S~Y The Chesterfield County Board of Supervisors is requested to review and approve the State of Virginia FY2002 Community Services Performance Contract for the Chesterfield Community Services Board. This contract is the continuation of the state's annual requirements that each Community Services Board prioritize services to those populations with the greatest need and that quarterly reports be submitted that reflect how that is being accomplished. Among the many priorities and reporting requirements in the Performance Contract, the following highlights some key issues: 1) The implementation of the Performance and Outcome Management System (POMS) which will require compiling and reporting sets of data determined by the state that reflect the quality of the services provided. 2) Continuing development of Individualized Service Plans (ISP) for all consumers identified by the state as ready for discharge from State facilities. Chesterfield County has the lowest state facility utilization rate in Virginia. 3) Develop and submit a plan that assures coordination of services for our consumers with their Primary Care Providers. In addition to these general highlights, the State Performance Contract requires that state funds be used for priority populations as defined in the contract. Total allocation for the three disability areas are: 1) Mental Health: $5,860,900 · Adults with Serious Mental Illness · Children and Adolescents with Serious Emotional Disturbances · Children at-risk of Serious Emotional Disturbances 2) Mental Retardation: $12,834,200 · Citizens with Mental Retardation · Children under 6 years old with cognitive delays 3) Substance Abuse: $2,599,200 · Adults with substance dependency such as alcoholism and drug addiction · Women with substance abuse problems where children are dependents · Substance Abuse problems associated with violent behavior · Children and adolescents with substance abuse problems Chesterfield County Community Services Board will receive additional funds from the state, however all of that money is directly attributed to specific service plans for consumers or consumer populations. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: August 22, 2001 Item Number: 8~BT17! Subject: Approval of Assignment and Subleases of the Lease for the Communications Tower Site at the Manchester Fire Station as well as Sublease of Space on the Tower and Set Public Hearing to Increase the Lease Payment County Administrator's Comments: County Administrator: BoardAction Reques~d: 1. Approve the assignment and sublease of the lease for the communications tower site at the Manchester Fire Station 2. Authorize the County Administrator to execute the consent agreement and 3. Authorize staff to advertise a public hearing to increase the lease amount, if the sublease is completed. Summary of Information: In 1991 the Board of Supervisors approved a lease with Richmond Cellular Telephone Company (now A~ltel) to donstruct and maintain a communications tower at the Manchester Fire Station. The lease provides the County the right to approve any sublease. Alltel has entered into an agreement with American Tower to sublease its tower related assets that includes an option to purchase its facilities, exercisable in 2016. Pursuant to that agreement, Alltel has requested the following approvals: a) consent to the sublease to American Tower and the further sublease or license by American Tower to its customers; b) consent to the assignment of the lease to an affiliate of Alltel; c) consent to the assignment of the lease to American Tower if it ~ercises ~ts option to purchase Alltel's tower related assets; d) consent to 5ne use o~ the leased premises by American Tower and its customers. If Alltel and American Tower close the sublease, Alltel has agreed to enter into an amendment to the lease to increase the annual rent $3000 and make annual (rather than monthly) rent payments~ in advance. If the sublease is completed, staff wilI advertise a publmc hearing to authorize increasing the lease payment and changing the payment schedule. Approval is recommended. District: Matoaca Joh'l~ W. Harmon Attachments: [Yes No Title: Right of Way Manager CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetina Date: Auaast 22. 2001 Number Budqet and Manaqement Comments: If approved, the amended lease will generate an additional $3,000 annually in general fund revenues for the remainder of the term of the lease. Preparer:~~ ~_~.J'~ u ~cq~r~/u,ckso n Title: Director, Budget & Manaqement CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Au~lust 22, 2001 Item Number: ~,~,1~, Subject: Cancellation of September 12, 2001 Meeting of the Board of Supervisors County Administrator's Comments: County Administrator: Board Action Requested; Summary_ of Information: Several members of the Board have expressed a desire to cancel the normal first meeting of the Board of Supervisors on September 12, 2001. Since the calendar was set at the organizational meeting in January, the Board would have to formally move to cancel the September meeting. If this is approved all set date for public hearing items on the consent agenda will be heard on September 26, 2001. Preparer: Attachments: Lisa Elko ~-~ Yes No Title:Clerk to the Board CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 4 Meetin~l Date: August 22, 2001 Item Number: 10.A. Subject: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between the County and the Developer where there are no County funds involved. The report is submitted to the Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: Contract Number: Project Name: 98-0275 Grove Road Office/Warehouse Developer: LJCC, LLC Contractor: Superior Excavation and Construction, Inc. Contract Amount: Water Improvements - Wastewater Improvements - District: M~lothian Preparer: , , Title: $20,295.00 (Private) Assistant Director Attachments: ~'~ Yes No Agenda Item August 22, 2001 Page 2 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 0 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 98-0303 Broadwater Townhouses, Phase 1 (Formerly Timsberry Townhouses) Broadwater Associates, LP S. W. Rodgers Company, Incorporated Water Improvements - Wastewater Improvements - Bermuda $142,109.00 $199,943.00 00-0077 Stonehenge Mews Stonehenge Commons, LLC R. R. Snipes Construction Company, Inc. Water Improvements - Wastewater Improvements - Midlothian $11,800.00 $20,710.00 00-0133 Cardiology of Virginia COV, LLC Superior Excavating and Construction, Inc. Water Improvements $8,682.00 Wastewater Improvements - $35,974.00 Midlothian 00-0153 Watkins Centre Sanitary Sewer Extension Watkins Land, LLC Vecellio and Grogan, Incorporated Wastewater Improvements - Midlothian $119,462.00 01 S7 Agenda Item August 22, 2001 Page 3 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0179 Woodland Pond, Section 13 Chesterfield Land and Timber Corporation McLane Construction Company Water Improvements - Matoaca $46,417.00 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0247 Goddard School - Woodlake Katherman Investments Incorporated Bookman Construction Company Water Improvements - Wastewater Improvements - Matoaca $37,144.00 $16,884.00 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0276 Katherman - Krause Road Katherman and Company, Incorporated Bookman Construction Company Water Improvements Wastewater Improvements - Matoaca $12,000.00 $22,050.00 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0351 Hollymeade, Section C John Patrick and Tom Loughran Bookman Construction Company Water Improvements - Wastewater Improvements - Dale $54,915.00 $48,950.00 Agenda Item August 22, 2001 Page 4 10. Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 01-0113 Bayhill Pointe, Section 12 Bayhill Development Corporation Coastal Utilities, Incorporated Water Improvements - Wastewater Improvements - Matoaca $66,099.34 $86,950.50 11. Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 01-0211 Gateway Centre, Buildings II & III Brandywine Operating Partnership, LP Mayton Construction, Incorporated Water Improvements - Wastewater Improvements - Midlothian $110,315.00 (Private) 12. Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 01-0236 B. B. & T. Bank at Jefferson Davis Water Relocation B. B. & T. Superior Excavating and Construction, Incorporated Water Improvements $14,190.97 Bermuda CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: August 22, 2001 Item Number: 10.B. Sub_iect: Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Fund, and Lease Purchases County Administrator's Comm~nt~: County Administrator: Board Action Re~_uested: Summary of Information: Title: County Administrator 0190 BOARD MEETING DATE 07/01/01 CHESTERFIELD COUNTY GENERAL FUND BALANCE August 16, 2001 DESCRIPTION FY2002 Budgeted Beginning Fund Balance AMOUNT BALANCE $34,772,700 *Pending outcome of FY2001 Audit Results 0191- Board Meeting Date CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT August 16, 2001 Description Amount Balance FOR FISCAL YEAR 2001 BEGINNING JULY 1, 2000 04/12/2000 FY01 Budgeted Addition 04/12/2000 FY01 Capital Projects 3/06/01 Return unused funds; closure of Wide Area Network Project 04/04/01 Transfer to Juvenile and Domestic Relations Courthouse Project 04/25/01 Testing of Comprehensive Plan 8,400,000 (6,939,600) 561 (325,000) (360,000) 8,812,051 1,872,451 1,873,012 1,548,012 1,188,012 FOR FISCAL YEAR 2002 BEGINNING JULY 1, 2001 04/04/2001 04/04/2001 07/25/2001 FY02 Budgeted Addition FY02 Capital Projects County's Master Plan Update 8,800,000 (7,579,700) (85,000) 9,988,012 2,408,312 2,323,312 * Pending Audit Results. Prepared by Acenuating Department luly 31,2001 SCHEDULE OF CAPITALIZED LEASE PURCHASES Date Began APPROVED AND EXECUTED Description Date Ends Outstanding Balance 07/31/01 '12/93 04/99 06/99 01/01 03/01 Real Property Lease/ Purchase Public Facility Lease Juvenile Courts Project School Copier Lease Certificates of Participation/ Building Constmotion, Expansion and Renovation; Acquisition/Installation of Systems Telephone System Up~rade TOTAL APPROVED AND EXECUTED $17,510,000 16,100,000 43,587 13,725,000 1,222,411 $48,600,998 12/01 11/19 06/04 11/21 03/05 1,260,000 15,295,000 26,809 13,725,000 685,737 $30.992.546 PENDING EXECUTION Description None Approved Amount *Second Refunding of Certificates of Participation, Series 1985 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: August 22, 2001 Item Number: 10.¢. Sub!ect: Roads Accepted into the State Secondary System County_ Administrator's Commerlt~; County Administrator: Board Action Re~_uested; Summary of Information: Preparer: ~ ~ Title: Lisa H. Elko Clerk to the Board Attachments: Yes ~-~ No 0195 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: August 22t 2001 Item Number: 14. Subject: Recognizing Jerome Adrian Jackson, Jr., Troop 499, Sponsored by Second Baptist Church, Ryan Eastman Jones, Troop 879, Sponsored by Saint Mark's United Methodist Church, Gregory Lerone Gilliam, Jr., Troop 883, Sponsored by Southside Baptist Church, and Nicholas Ulrich Becker, Troop 829, Sponsored by Saint Matthias' Episcopal Church, Upon Attaining Rank of Eagle Scout County Administrator's Commenl;~: County Administrator: Board Action Reo_uested: Adoption of attached resolutions Summary of Information: Staff has received requests for the Board to adopt resolutions recognizing Mr. Jerome Jackson, Jr., Troop 499, Mr. Ryan Jones, Troop 879, Mr. Gregory Gilliam, Jr., Troop 883, and Mr. Nicholas Becker, Troop 829, upon attaining rank of Eagle Scout. All will be present at the meeting, accompanied by members of their family, to accept the resolutions. Clover Hill Distri~ Dale Dis~ri¢~ Jerome Adrian Jackson, Jr. Parents: Jerome and Lorraine Gregory Lerone Gilliam, Jr. Parents: Gregory and Juanita Matoaca District Midlothian District Ryan Eastman Jones Parents: Will and Iona Mr. Nicholas Ulrich Becker Parents: Rick and Sue Preparer: ~~ Lisa H. Elko Attachments: Ycs Title: No Clerk to the Boar~ RECOGNIZING MR. JEROME ADRIAN JACKSON, JR. UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Jerome Adrian Jackson, Jr., Troop 499, sponsored by Second Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Jerome has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Jerome Adrian Jackson, Jr. on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. RECOGNIZING MR. RYAN EASTMAN JONES UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Ryan Eastman Jones, Troop 879, sponsored by Saint Mark's United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Ryan has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Ryan Eastman Jones on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. 0; 00 RECOGNIZING MR. GREGORY LERONE GILLIAM, JR. UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Gregory Lerone Gilliam, Jr., Troop 883, sponsored by Southside Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Gregory has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Gregory Lerone Gilliam, Jr. on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. OJOl RECOGNIZING MR. NICHOLAS ULRICH BECKER UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Nicholas Ulrich Becker, Troop 829, sponsored by Saint Matthias' Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Nicholas has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Nicholas Ulrich Becket on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 3 Meeting Date' August 22, 2001 Item Number: 16. Subject: Claim from Retired Police Officer A.V. "Buck" Maddra in the Amount of $5s,372 County Administrator's Comments: Recommend denial of the claim for the reasons stated below. County Administrator: Board Action Requested' The Board of Supervisors is requested to deny this claim. Summary of Information: A.V. "Buck" Maddra has made a claim against the County totaling $58,372 for back pay and interest for the period from 1978 to 1999. This claim relates to former salary policies of the Police Department which were changed in 1994. BACKGROUND A former salary practice confined to the police department required that when a detective was reassigned to other duties, the officer's salary was reduced by the same percentage increase that he had received when he became a detective. Since the officer received annual merit increases while working as a detective, the amount of the salary decrease that occurred when the officer returned to patrol could actually exceed the increase when he was assigned as detective. As a result, the officer could end up earning less after reassignment to patrol than he would have received had he not spent a number of years as a detective. Steven L. Micas Attachments: Yes ~-] No Title: County Attorney 0423(22):54121.1 OZOL~ Meetin l Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA August 22, 2001 Item Number: Page 2 of 3 In 1994 the Police Department changed this policy - retroactive to July 1, 1992 - so that the same amount of salary was deducted at the end of an assignment to Investigations, rather than the same percentage of salary. Subsequently, in 1997, the Police Department awarded special salary adjustments to 41 employees (including A.V. Maddra). These awards ensured that the officers received the difference between what the officer received when entering Investigations and the amount deducted when leaving Investigations, or an equity adjustment based on total years of service with the Police Department, whichever was greater. Again, in the Spring of 1998, the salary issue was revisited for a third time. At that time, the Board of Supervisors agreed to award back pay, again retroactive to July 1, 1992, to any police officers who had worked in Investigations and whose salaries were, at any time, less than the salaries of officers within their recruit class. Nineteen employees received back pay as a result of this Board decision. The County has also made significant pay improvements for all Police Department personnel over the past years. The improvements included a $100 pay increase in 1998 for every year of service for every officer in addition to the 4% merit increase authorized for that year. Every supervisor in the department got an additional 5% increase during the same year. The Board also included another 4%increase in the 2000-01 budget with another $100/year of service increase. CLAIM A.V. "Buck" Maddra has now made an additional claim against the County for back pay and interest of $58,372. (See attached claim letter) RECOMMENDATION There is no legal basis for the Board to pay this claim. First, the claim, which extends back to 1978, is legally barred by Virginia's statute of limitations. Second, Even if "ill-advised" the pay practice was legally valid. In addition, this claimant knew about the County's original pay practice when he was hired and reassigned. He is, therefore, legally estopped from claiming now to have been "damaged" by the pay practice which was in place when he previously accepted an assignment as detective. Third, on June 23, 1999 the Board denied similar claims from eight other police officers. OZ04 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 22, 2001 Item Number: Page 3 of 3 Finally, the claims procedure is just a statutory pre-condition to litigating the dispute in court. The proper place to resolve this dispute is in court. For all of these reasons, staff recommends that the Board deny this claim. Moreover, If the Board were to grant this claim of $58,372, there are approximately 25 currently employed officers and 50 retired officers to whom the County would legally be exposed for claims. We estimate that exposure could exceed $2.0 million. There is no employment precedent for retroactive pay increases and it would be equivalent to saying that a market pay adjustment should be made retroactive to the beginning of an employee's career. This is not a pay practice of any known employer. OLIVER D. RUDY NED M. MIKULA LAW OFFICES RUDY & MIKULA June 19, 2001 Ms. Lisa Elko, Clerk Board of Supervisors of the County of Chesterfield P.O. Box 40 Chesterfield, Virginia 23832 P,O. BOX 21 OR 58 9910 WAGNERS WAY COGBILL LAW BUILDING CHESTERFI]ELD, VIRGINIA 23832 TELEPHONE 804-748-36OO TELECOPIER 804-7484671 Dear Ms. Elko: Please find enclosed a copy of a letter which I have sent to the individual members of the Board advising them of a claim against the County by my client, retired County police officer A. V. "Buck" Maddra. My client, by counsel and one additional speaker, desires to present his claim before a regular meeting of the Board. I am therefore requesting that this matter be placed on the Board's July 25, 2001, agenda for 7:00 p.m. Due to the nature of the presentation, I am also requesting in advance that the Board consider waiving the five minutes per speaker rule in this matter. Enclosure: Very truly yours, M. M~kula OLIVER D. RUDY NED M. MIKULA LAW OFFICES RIJDY & MIKUI June 19,2001 P.O. BOX 21 OR 58 9910 WAGNERS WAY COGB~ LAW BUILDING CHESTERFIELD, VIRGINIA 23832 TELEPHONE 804-748-3600 TELECOPIER 804-7464671 Board of Supervisors of the County of Chesterfield Mrs. Renny B. Humphrey, Chairman Mr. Kelly E. Miller, Vice-Chairman Mr. Edward B. Barber Mr. J.L. McHale, 111 Mr. Arthur S. Warren P.O. Box 40 Chesterfield, Virginia 23832 Re: Claim Of Retired County Police Officer A.V. "Buck" Maddra This is to formally advise the Board that my client, retired County police officer A. V. "Buck" Maddra, is submitting a claim against the County based upon certain specific discrepancies in his pay which occurred during his tenure as a County police officer. These discrepancies affected his salary at the time and continue to impact upon his retirement from the County. As you know, Buck was a valued and loyal employee of the County Police Department for thirty-four years, serving the citizens of the County as a competent and dedicated officer. We believe, based on our analysis, that Buck's pay was reduced unfairly and unjustifiably and that fundamental fairness requires the County to compensate Buck for the discrepancies which occurred. A summary of our analysis, which was prepared by a certified public accountant, is attached. My client desires to present his claim before a regular meeting of the Board. I am therefore by separate correspondence contacting the Clerk regarding scheduling of this matter on the agenda. Very truly yours, Cc~ Mr. Lane B. Ramsey Mr. Steven L. Micas Mr. Jeffrey L. Mincks Ok;O ISSUE: The departmental policy of reducing an employee's pay when transferring from an investigative officer position to a patrol position was incorrectly administered in Buck's situation on two separate occasions. FACTS: First Occasion: On March 1, 1975, Buck's annual pay was increased by $1,104 ($10,896/yr to $12,000/yr) upon transfer to Investigations. On November 16, 1978, Buck's annual pay was reduced by $1,488 ($16,440/yr to $14,952/yr) upon transfer from Investigations to Patrol. Effectively, Buck was denied $384 ($1,488 less $1,104) in annual compensation from November 16, 1978 up to his retirement date. Second Occasion: On ~eptember 15, 1979, Buck's annual pay was increased by $1,680 ($17,256/yr to $18,936/yr) when transferred into Investigations. On July 1, 1987, Buck' s annual pay was decreased by $3,279 ($ 35,731/yr to $32,452/yr) when transferred from Investigations back to Patrol. Again, according to departmental policy, an employee should lose only the amount he received during his transfer. On this occasion, Buck was denied $1,599 ($3,279 less $1,680) in annual compensation beginning July 1, 1987 to his retirement date. CLAIM: The fixed amount of Buck's claim is specifically stated as $58,372. 0 09 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meeting Date: August 22, 2001 Item Number: ~_7.A. Subject: Public Hearing for Consideration of an Ordinance Requiring BMP Maintenance Fees for Apartments located in the Upper Swift Creek Watershed County Administrator's Comments: County Administrator: Board Action Requested: To adopt an ordinance requiring a $100 BMP maintenance fee for each apartment unit located in the Upper Swift Creek Watershed. Summary of Information: At the March 14, 2001 meeting, the Board of Supervisors adopted an ordinance requiring residential developers to insure BMP facility maintenance in a number of ways including cash escrows of $100 for each dwelling unit. The Board requested that staff present a recommendation at the April meeting as to whether BMP maintenance fees should also apply to apartment developments and second dwellings on parcels. At the April 25, 2001 meeting, staff recommended that a fee of $100 be assessed for each disturbed acre for apartment developments and recommended that second dwelling units on parcels be exempt from BMP maintenance fees. The Board referred this recommendation to the Planning Commission. Preparer: Rich.. McElfish Attachments: Yes E~ No Title: Director of Environmental Engineering # 0;~10 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Meeting Date: August 22, 2001 Item Number: Summary of Information (Continued): After holding two work sessions and a public hearing on June 19, 2001, the Planning Commission recommended adoption of the attached ordinance which requires apartments to pay $100 for each dwelling unit rather than per disturbed acre. As drafted, second dwelling units would also be required to pay the fee. Staff recommends an exemption for second dwelling units because there is no effective means for collection of these fees. Staff Recommendations: Staff recommends that the Board of Supervisors adopt the ordinance to require apartments located in the Upper Swift Creek Watershed to pay $100 BMP maintenance fees per unit and to exclude second dwelling units on a parcel. District: County Wide CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: August 22. 2001 Number Budget and Management Comments: This time has been scheduled to hold a public hearing to consider adoption of an ordinance requiring the $100 per unit BMP maintenance fee to be implemented for apartments located in the Upper Swift Creek Watershed. Approval of the ordinance will result in the potential for increased revenues collected from these fees, further supplementing the maintenance costs associated with BMPs. Title: Director, Budget & Management AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 19-233 RELATING TO SURETY FOR MAINTENANCE OF BEST MANAGEMENT PRACTICE FACILITIES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Section 19-233 of the Code o_£ the Count~ of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-233. Resource management area regulations. Any use, development or redevelopment of land shall meet the following performance criteria: OOO (e) If the best management practices utilized in a commercial development require regular or periodic maintenance in order to continue their functions, such maintenance shall be ensured by a maintenance/easement agreement, commercial surety bond, bank letter of credit or other assurance satisfactory to the director of environmental engineering. If the best management practices utilized for a residential development require regular or periodic maintenance in order to continue their functions, such maintenance shall be ensured by a commercial surety bond, bank letter of credit or cash escrow in an amount equal to $100 for each dwelling unit in a residential development. The requirement excludes apartment developments outside the Swift Creek Reservoir watershed. ~'-: .... ~'J .... :-' ' · 1113 1 C31UUIIUIO. I rcqiiii-ei~ieiitCAkaILIUC;~I-- 21 ............... I;l[.J~l £1IIUIII.;~.The form of any bond or letter of credit provided pursuant to this section shall be subject to approval by the county attorney. 000 That this ordinance shall become effective immediately upon adoption. 0505(00):51196.5 An Affiliate of Media General Advertising Affidavit (This is not a bill. Please pay from invoice) P.O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 CHE,qTF, RFIEI J)BOARD OF SI IPERVISOR,q ATTN TJSA EIKO CHE,qTERFIEI,D VA 23832-0040 [Date Code Description Ad Size Account Num. 220806 0g/15/2001 Total Cost fig/1512001 121 TAKE NOTICETAKE NOTICE THAT THE Rf)ARD O 2.00 x 24.00 462.72 ATTACH HERE Media General Operations, Inc. Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKE NOTICF, TAKE NOTICI: was published by Richmond Newspapers, Inc. in the City of Richmond, State of Virginia, on the following dates: 08/08/2001 08/15/2001 The first insertion being given .... 08/08/2001 Sworn to and subscribed before me this Notary Public State of Virginia City of Richmond My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: Au~lust 22, 2001 Item Number: l?.B. Subject: Public Hearing Regarding Zoning Ordinance Amendment Relating to Family Day Care Homes County Administrator's Comments- County Administrator: Board Action Requested: The Planning Commission recommends that the Board adopt the attached amendment to the Zoning Ordinance relating to Family Day Care Homes. Summary of Information: The Planning Commission recommends the following changes to the Zoning Ordinance requirements for family day care homes. Reduce the fee for a Conditional Use from $1250 plus $30 per acre to $250. Allow those providers who keep five (5) or fewer children to employ persons other than those who reside in the home. Currently, employees must reside in the home. Limit the number of children cared for with a Conditional Use to a maximum of twelve (12) children. The attached chart compares the current Ordinance, the State Code and the proposed Ordinance. A copy of the proposed Code Amendment is attached. The reduction in the fee amount should have a negligible impact on the Planning Department's revenues. The Planning C?3~mzssmon worked with representatives of the day care industry ' of ,these ordinance amendments. Preparer:~/t._. Title: DirectorofPlanning Thomas E. JaSon C:DATA/AGENDA/2~l/AUG2201.1 Attachments: Yes No OZI~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: August 22.2001 Number Budqet and Mana.qement Comments: This item holds a public hearing to consider amendments to the zoning ordinance pertaining to family day care homes. With approval of this item, the County anticipates reductions in revenues from conditional use fees for these facilities. Reductions are estimated to be under $10,000 annually. No other fiscal impacts are anticipated. Prepare~ ~/~(Dickson Title: Director, Budget & Management AN ORDINANCE TO AMEND T/~ CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS .19-25, 19-65, 19-67, 19-102, 19-104, 19-109, 19-124 and 19-301 AND ADDING SECTION 19-70.1, 19-75.1, 19-80.1, 19-85.1, 19-90.1, 19-95.1, 19-107.1, 19-118.1, 19-122.2, 19-122.3, 19-122.4, 19-122.5, 19-122.6, 19-122.7 and 19-122.8 RELATING TO FAMII.Y DAY CARE HOMES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Sections 19-25, 19-65, 19-67, 19-102, 19-104, 19-109, 19-124 and 19-301 of the Code o_£ the Coun~ of Chesterfiela~ 1997, as amended, is amended and re- enactedand Sections 19-70.1, 19-75.1, 19-80.1, 19-85.1, 19-90.1, 19-95.1, 19- 107.1, 19-118.1, 19-122.2, 19-122.3, 19-122.4, 19-122.5, 19-122.6, 19-122. 7 and 19-122.8, are added to read as follows: Sec. 19-25. Fees. The following fees, which include the costs of hearings, adVertisements and notices when required, shall be deposited simultaneously with the filing of the application: OOO Co) Conditional uses and special exceptions: O4_3 000 Family day-care homes... $250.00 Planned development: Without zoning reclassification... 2,500.00 Plus, per acre... 15.00 With zoning reclassification... 2,800.00 Plus, per acre for the first 200 acres... 60.00 Plus, per acre over 200 acres... 20.00 Amend condition of planned development to include a condition of a textual statement, per first two conditions... 1,600.00 Each additional condition thereafter... 400.00 All others 1,250.00 Plus, per acre... 30.00 (s6D No applicant for a conditional use or planned development for any office, commerdal or industrial use within an Enterprise Zone designated by the Commonwealth of Virginia shall be required to pay a fee, provided the director of planning determines that the request is in compliance with the comprehensive plan. This exemption shall continue for the life of the Enterprise Zone.2 2 The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. OOO Sec. 19-65. Uses permitted with certain restrictions. The following uses shall be permitted in the R-88 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: ooo (b) Family day-care homes, provided that no more than five children exclusive of the provider's own children and any children who reside in the home receive Care at any one time during a 24-hour day. 0oo Sec. 19=67. Conditional uses. The following uses may be allowed by conditional use in the R-88 District, subject to the provisions of section 19-13: o00 0) T?___.'I__ J ....... 1 ~l,~,.,y ,~,~y,.~, ~ .,~,,~, cC_hild and adult care centers and nursery schools. OOO See. 19-70.1. Uses Permitted with certain restrictions: The following uses shall be permitted in the R-40 District subject to compliance with thc, following conditions and other applicable standards of this chapter. If these restrictions cannot br, 2014:51991.1(see also 52670.1) 6/4/01 10:08 AM Family day-care homes provided that no more than five children exclusive of the provider's own children and any children who reside in the home receive care at any one time during a 24-hour day. 000 Sec. 19-109. ConditiOnal uses. The following uses may be allowed by conditional use in the R-MF District, subject to the provisions of section 19-13: (a) ~' .... "- ~ .......' ....... ..o~,-,~ -,~,.,~, ~ .,,,,,~.-, cChild and adult care centers and nursery schools. ooo Sec. I9-118.1. Uses Permitted with certain restrictions. The following uses shall be permitted in the MI-I-2 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to Section 19-13' (a) Uses permitted with restrictions in the R-88 District. ooo Sec. 19-122.2 Uses Permitted with certain restrictions. The following uses shall be permitted in the MH-3 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may. be allowed by conditional use, subject to Section 19-13: (a~ Uses permitted with restrictions in the R-88 District. ooo Set 19-122.~$ Accessorv Uses, buildings and structures. o00 Sec. 19-12Z ~4 AccessorF use required conditions. ooo 2014:51991.1(see also 52670.1) 5 6/4/01 10:08 AM Sea 19-122. n~$ Conditional uses. Sec. 19-122.56 Special exceptions. Sec. 19-122.67 Required conditions. 19-122.-78 Site plan required 000 OOO OOO 000 Sec. 19-124. Uses permitted with certain restrictions. 000 (b) The following uses shall be permitted in the A District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: 000 (2) Family day-care homes provided that no more than five children exclusive of the provider's own children and children who reside in the home receive care at any one time during 24-hour day. OOO Sec. 19-301. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: OOO Family day-care home: Aaiy i~A~a~¢ family A dwelling unit in which the provider resides that_ is 2014:51991.1(see also 52670.1) 6 6/4/01 10:08 AM used to provide care, protection and guidance to one through twelve hoin¢ in ~-hic,h more than frv~ children exclusive of the provider's own children and any childrun who reside in the home when at least one child receives care for corn ensation, m-e re~lW,, ,,,, ca-e, prot¢caoa mid care homes are not subject to the requirements governing home occupations. 0o0 (2) That this ordinance shall become effective immediately upon adoption. 2014:51991.1(see also 52670.1) 6/4/01 lO:Og AM 7 An Affiliate of Media General Advertising Affidavit (This is not a bill Please pay from invoice) P.O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 CHF, STERFIEI,D BOARD OF ST IPF, RVISORS ATTN TJSA ET,KO P 0 lqOX 40 CHESTF, RFIEI,D VA 23832-0040 Account Num. 220806 0g/15/2001 [ Date Code 0g/1512001 121 Description TAKE NOTICETAKE NOTICE THAT THE BOARD O Ad Size Total Cost [ 2_00 x 27.00 520.56 ATTACH HERE Media General Operations, Inc. Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKE NOTICETAKE NOTIC[ was published by Richmond Newspapers, Inc. in the City of Richmond, State of Virginia, on the following dates: 08/08/2001 08/15/2001 The first insertion being given .... 081081200{ Sworn to and subscribed before me this ~ .~- J~._~O L__ Notary Public State of Virginia City of Richmond My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 22, 2001 Item Number: 17.C. Subject: PUBLIC HEARING: Ordinance to Vacate a Portion of a 10' Temporary Construction Easement across Lot 11, Hollymeade Subdivision, Section B County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors adopt an ordinance to vacate a portion of a 10' temporary construction easement across Lot 11, Hollymeade Subdivision, Section B, shown on the attached map. Summary of Information: Dean T. Patrick has submitted an application requesting the vacation of a portion of a 10' temporary construction easement across Lot 11, Hollymeade Subdivision, Section B. This request has been reviewed by staff and approval is recommended. District: Dale Preparer: Joh~W.--"~HarmonT~' ~,n~ Title: Riqht of Way Manaqer Attachments: Yes No CINITY SKETCH PUBLIC HEARING: ORDINANCE TO VACATE A PORTION OF A 10' TEMPORARY CONSTRUCTION EASEMENT ACROSS LOT 11, HOLLYMEADE SUBDIVISION, SECTION B Chesterfield County Department of Utilities Right Of Way Office Michael J. & Sandro S. Gizzi Pin~778-880-80 ~ 2-00000 9397 Salem Church Road 9.97' Lot 14 Hol/ymeade Section "B" 8' Easement ('P.S. 1 ~3 Pg. 88-89) 10' ?emporary Construction Easement (P.B. Z Z3 Lot 10 Hollymeade · Section "~" (P.S. 113 Pg. 88-89) !6' Sewer Easement ('P.B. ~ ~3 Pg. 88-89 10' Easement (P.B. 1 ~ 3 Pg, 88-89) LOT f f 0.23 Acre Portion of !0' Temporao/ Construction Easement to be Vacated · Dean T. Patrick D.S. 4159 pg. 533 I2 ! 7- 00000 Lockberry Ridge Loop Lot Ho/lymeade Section 149.69' to .the S/L of Lockberry Ridge Court (ext'd.) to be DATE: Mc~ 29~ 2001 SCALE: 1 =30 JOB NO: C0110471 R= 150.00,-~ S07"~4 64. L=10.84 L OCKBERR Y RIDGE LOOP 50' .. P/at Showing a PorUon of'o lO' Temporary Cons(rucUon Easement vacated across Lo( 1~, SecUon"~'~ Dale D/strict Chesterfield County, Virginia · PLANNERS · ARCHITECTS · ENGINEERS · SURVEYORS. 1208 Corporate Circle. Roanoke, Virginia 24018 · Phone (540) 772-9580 · Fax (540) 772-8050 501 Branchway Road · Suite 100 · Richmond, Virginia 23236 · Phone (804) 7940571 * Fax (804) 794-2635 11038 Lakeridge Parkway. Suite I · Ashland, Virginia 23005 · phone (804) 550-2888 · Fax (804) 550-2057 Hol/.ymeade AND A$SOC~lq[S INC. REFLECTING TOMORROW An Affiliate of Med}a General Advertisi ng Affidavit (This is not a biil. P{e~se pay from invoice) CHF, STF, RFII,D CO RIGHT WAY R~IGHT OF WAY' DF, PT 6710 WKRAUSE ROAD CHF, STERFIFJ,D VA 23832 P. O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 Account Num. 220686 Ad Size 08/15/2001 121 TAKE NOTICETHAT ON AIJGIIST 22 2001 AT 700 2.00 x 15.00 289.20 ATTACH Media General Operations, inc. Publisher of THE R {CHMON D T~IVIES-DISPATCH This is to certify that the attached TAKA NOT][CF. THAT ON Al ~( Was punished ~)Y Richmond Newspapers, Inc. in the City of Richmond, Stat~ of Virgin{a, On the following ~ates: 08/08/2001 08/15/2001 he first insertion being given .... o8/o8/2OOl Sworn to and !ubscribed before HERE State of Virginia City of Richmond MY Commission expi res Lo St- 6 & CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 22, 2001 Item Number: 17.D. Subject: PUBLIC HEARING: To Consider Leasing County Property at Henricus Visitors Center County Administrator's Comments: Coun~ Administrator: ~ ~ Board Action Requested' Staff recommends that the Board of Supervisors approve the leasing of space in the Henricus Visitors Center and authorize the Chairman of the Board and County Administrator to execute the lease agreement. Summary of Information: In 1996 the Board approved a license agreement to allow the Henricus Foundation to construct a Visitors Center at Henricus Historical Park. The Virginia Audubon Council would like to locate a State office of the National Audubon Society at Henricus. $3,000 annual rent will be paid to the Henricus Foundation and used for operation and maintenance of the Park and the Audubon Society will provide 20 to 24 programs per year at the site in conjunction with the Parks and Recreation Department. Approval is recommended. District: Bermuda Preparer:Joh~W.'4~Harmon~J~' ~ Title:_ Right of Way Manager Attachments: Yes No An Affiliate of Media General Advertising Affidavit (This is not a bill. Please pay from invoice) CHF, STERRFII,¥) CC) RIGHT WAY RIGHT OF WAY DERPT 6710 W KR AIISER ROAD CHERSTF~RFIERI .D VA 23 R32 P.O. Box 85333 Richmond, Virginia 2329343001 (804) 649.6000 220686 08/] 5,'200 ] ~ ~ Code ...... ~' 08/15/2001 121 TAKER NOTICERTHAT ON Al ~GI l,qT 22 2001 AT 700 Ad Size 2.00 x 10_00 ATTACH HERE Media General Operations, Inc. Publisher of THE RICHMOND TIMES-DISPATCH Twhls is to certify that the attached TAKER NOTIC, ERTHAT ON All( as published by Richmond Newspapers, Inc. in the City of Richmond, Stat~ of Virginia, on the follOWing dates: 08/15/2001 The first insertion being given .... o8/15/2OOl Sworn to and subscribed before me Notary Public State of Virginia City of Richmond My Commission expires BILL. PLEASE PAY FROM INVOICE. THAN K YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: August 22, 2001 Item Number: 19. Su~ect: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors Coun~ Administrator's Commont~: County Administrator: Board Action Requested; Summary of Information: Motion of adjournment and notice of next scheduled meeting on September 2001 at ~ p.m. ~ ~o Lzsa H. Elko Attachments: [---~ Yes Title: No Clerk to the Boau~