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2015-04-15 MinutesBOARD OF SUPERVISORS MINUTES April 15, 2015 Supervisors in Attendance: Mr. Stephen A. Elswick, Chairman Mr. Arthur S. Warren, Vice Chrm. Ms. Dorothy A. Jaeckle Mr. James M. Holland Mr. Daniel A. Gecker 15-209 Staff in Attendance: Mr. Greg Akers, Dir., Internal Audit Ms. Karen Aylward, Asst. Dir., Economic Development Dr. Sheryl Bailey, Dep. County Administrator, Management Services Ms. Janice Blakley, Clerk to the Board Ms. Patsy Brown, Dir., Accounting Mr. Kevin Bruny, Dean, Chesterfield University Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Mr. Richard Cordle, Treasurer Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessor Mr. William Dupler, Dep. County Administrator, Community Development Mr. Robert Eanes, Asst. to the County Administrator Mr. Michael Golden, Dir., Parks and Recreation Mr. George Hayes, Dir., Utilities Department Mr. Joe Horbal, Commissioner of the Revenue Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Mike Likins, Dir., Cooperative Extension Mr. Mike Mabe, Dir., Library Mr. Jeffrey L. Mincks, County Attorney Ms. Susan Pollard, Dir., Public Affairs Mr. Dean Sasek, Asst. Real Property Manager Utilities Department Ms. Mary Martin Selby, Dir., Human Resource Services Chief Loy Senter, Fire and EMS 04/15/15 Ms. Marsha Sharpe, Dir., Social Services Mr. Scott Smedley, Dir., Environmental Engineering Mr. Jesse Smith, Dir., Transportation Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Rick Witt, Building Official Mr. Scott Zaremba, Dir., Human Resources Programs Mr. Elswick called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES FOR MARCH 25, 2015 On motion of Mr. Warren, seconded by Mr. Holland, the Board approved the minutes of March 25, 2015, as submitted. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Dupler was saddened to announce the passing of Mr. Robert Painter, retired Utilities Department Director. He stated Mr. Painter had a great foresight in establishing Swift Creek Reservoir as a drinking supply for the county. • Mr. Dupler was pleased to report the bonds for the Lower Magnolia Green Community Development Authority closed last week. He stated the bonds will deliver the expected construction proceeds of $25 million, including the $3 million developer contribution. In addition, he stated $2 million had been previously appropriated for right of way acquisition and environmental permitting. Mr. Mike Golden presented a brief video to the Board relative to the Jefferson Cup Soccer Tournament. 3. BOARD MEMBER REPORTS Ms. Jaeckle announced the Bermuda District held a community meeting last evening at Elizabeth Davis Middle School regarding traffic issues in the Enon area. She noted the great turnout at the meeting. Mr. Gecker announced he attended the ground breaking of the new Wegmans in his district yesterday. Mr. Elswick announced he attended a meeting with Mr. Warren, county staff and several citizens yesterday regarding the proposed budget and real estate tax rate. He stated there was a request to postpone the adoption of the tax rate; however, after speaking with Board members it was generally decided not to defer the issue. 15-210 04/15/15 9 9 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no requests to postpone agenda items and additions, deletions or changes in the order of presentation. 5. RESOLUTIONS 5.A. RECOGNIZING MR. WILLIAM CABLE, ENVIRONMENTAL ENGINEERING DEPARTMENT, UPON HIS RETIREMENT Mr. Scott Smedley introduced Mr. William Cable, who was present to receive the resolution. Mr. Jerry Duffy, drainage superintendent, commended Mr. Cable's selfless dedication and superior work ethic. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mr. William D. "Buster" Cable joined Chesterfield County Department of General Services on October 1, 1967, as a heavy equipment operator; and WHEREAS, from 1967 to 1981 Mr. Cable, operated heavy equipment at the Fort Darling, Bon Air and Carver landfills; and WHEREAS, in July 1981 Mr. Cable transferred to the Environmental Engineering Department as a heavy equipment operator in the drainage maintenance operations section; and WHEREAS, Mr. Cable was responsible for the grading and repair of unimproved county roads for 33 years; and WHEREAS, Mr. Cable was a charter member of the county snow -removal team reporting to work under the worst possible conditions to ensure county roads and facilities remained accessible and functional during and after snow events; and WHEREAS, Mr. Cable was a member of the emergency road - clearing crew for 20 years ensuring that county roads remained passable during tornado and ice storm events; and WHEREAS, Mr. Cable was a member of the road -clearing team keeping county roads and facilities open and operational during Hurricane Isabel in 2003, and again in 2011 during Hurricane Irene, working long hours until the infrastructure was functional again; and WHEREAS, Mr. Cable was a significant part of county efforts to restore infrastructure damaged or destroyed by Tropical Storm Gaston in 2004; and WHEREAS, Mr. Cable used his exemplary skills in small engine repair and upkeep to keep the department's small equipment in good working order throughout his career; and 15-211 04/15/15 WHEREAS, Mr. Cable's humble character, selfless dedication to Chesterfield County and commitment to the Environmental Engineering Department customer service are a model for all county employees; and WHEREAS, Mr. Cable is the current holder of the "Joseph E. Pittman Jr. Award," established in 1996 and presented to Mr. Cable in 2004 as the employee with the longest continuous full-time service to the county; and WHEREAS, Mr. Cable has consistently performed his duties and responsibilities in a professional manner and will be missed by his customers and fellow co-workers. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of April 2015, publicly recognizes the outstanding contributions of Mr. William Cable, expresses the appreciation of all residents for his service to Chesterfield County, and extends appreciation for his dedicated service to the county and congratulations upon his 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 Mr. Cable and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Elswick presented the executed resolution to Mr. Cable, commended him on his selfless dedication and stellar service to the county, and wished him a long and enjoyable retirement. Board members also commended Mr. Cable's altruistic commitment, perseverance and valuable work ethic. Mr. Dupler presented Mr. Cable with an acrylic statue and county watch, congratulated him on his retirement and expressed appreciation for his outstanding service to the county. Mr. Cable, accompanied by members of his family, expressed his appreciation to the Board for the special recognition. 5.B. PRESENTING THE JOSEPH E. PITTMAN, JR. AWARD FOR CONTINUOUS COUNTY SERVICE Mr. Elswick, accompanied by Mr. Dupler and Mr. William Cable, presented the Joseph E. Pittman, Jr. Award for Continuous County Service, formerly held by Mr. Cable, to Mr. George Fickett, accompanied by Mr. Condrey. (It is noted Mr. Fickett has been an employee of Chesterfield County since 1971. Mr. Elswick congratulated Mr. Fickett upon receiving the award and expressed appreciation for his dedicated service to the county. 15-212 04/15/15 9 9 9 N 6. WORK SESSIONS 6.A. ETTRICK VSU SPECIAL AREA PLAN AMENDMENT AND CODE AMENDMENT RELATIVE TO ETTRICK SPECIAL DESIGN STANDARDS Mr. Steve Haasch, Planning Manager, stated the Work Session is geared to answer any questions relative to the Ettrick VSU Special Area Plan or the ordinances that implement that plan. He noted the Ettrick VSU Special Area Plan is the first of nine special area plans recommended by Moving Forward - the Comprehensive Plan for Chesterfield County. He stated the special area plan process represents a new team approach to amending the Comprehensive Plan, involving county staff from multiple departments and county elected and appointed officials at all levels of the plan amendment process. He further stated the special area plan process is intended to identify and resolve issues, relative to the community for which special area plans are created, in greater detail than was possible during the countywide plan effort. He stated the process used for the Ettrick VSU Special Area Plan serves as a template for future special area plan amendments to the countywide plan. Mr. Jimmy Bowling, Principal Manager, stated the Ettrick VSU Special Area Plan identifies the unique resources and opportunities of Ettrick, including: the train station; the expansion of Virginia State University; new development occurring or planned for Chesterfield Avenue; and the increased interest in the Appomattox River as a scenic and recreational resource. He further stated these resources have the potential to promote new economic development opportunities for the county and the revitalization of the community. He stated the effort to produce a draft plan involved extensive community engagement with area business owners, residents, civic groups and organizations that participated or expressed interest in the Ettrick VSU Special Area Plan process. He noted staff also met with and engaged adjacent localities and regional planning groups regarding the amendment to the county's Comprehensive Plan. He stated the goal of the Ettrick VSU Special Area Plan promotes Ettrick as a place where residents, businesses and VSU live and work together to promote a new, urban -style, bicycle and pedestrian -friendly environment that takes advantage of the community's unique economic development opportunities, rich history and natural resources. He noted the draft plan also includes a design plan, which suggests adoption of new ordinances to ensure that new development contributes to the goal of the plan. Dr. David Pritchard, Special Projects Manager, stated the Land Use Plan lists the various recommended land use categories and includes the Land Use Plan map. He further stated this map will serve as a guide to make decisions regarding appropriate land uses and transitions as development and redevelopment occurs. He further stated the plan recommends improvements to infrastructure to better serve the community. He stated these improvements would include: new stormwater conveyance for Chesterfield Avenue to address drainage and water quality issues; public water and wastewater service upgrades; streetscaping improvements, to include sidewalks, bicycling facilities, street trees and street lighting; relocation of the Ettrick Fire Station to a larger site within Ettrick capable of accommodating a facility designed to meet the current and future needs of the community; and renovation or replacement of Ettrick 15-213 04/15/15 Elementary School to better serve the families of children of elementary school age. He further stated the guidelines recommend that incentives be provided to promote and encourage the kinds and densities of development recommended by the plan. He noted the plan summarizes some possible incentives, but the list is not exhaustive. He stated in addition, the exact types of incentives, and the timing of incentives, would be determined as part of the implementation of the plan. Mr. Ray Cash, Code Keeper, stated new ordinance development standards are also being brought forward with the plan and are recommended for adoption. He further stated these standards would implement many of the recommendations of the plan and include: a pedestrian -focused streetscape for major roads with sidewalks, bicycling facilities, street trees and pedestrian scale street lighting; two and three-story buildings with reduced setbacks and fronting sidewalks, with parking behind the buildings; and buildings that incorporate materials such as brick and/or stone, and architectural features that enhance the pedestrian streetscape and environment. Ms. Jaeckle expressed concerns regarding the language within the plan regarding the relocation or renovation of Ettrick Elementary School. She stated she did not see any evidence within the plan to support that idea and thought the verbiage seemed contradictory. In response to Ms. Jaeckle's concern, Mr. Bowling stated the Planning Commission approved the draft plan which alludes to the replacement of Ettrick Elementary School with a new facility. He further stated after discussions with Mr. Elswick and Dr. Wallin, it may be necessary to amend what the Planning Commission recommended. Mr. Elswick noted the plan for the elementary school is slated for FY2020 and a final decision has not yet been determined. He stated the language can remain until that decision has been made. Ms. Jaeckle noted the language to replace or renovate the elementary school was on pages 151 and 169. She stated there is not a strong argument to support several factors would be preferable to replace the existing school when looking at plans for other schools in the county. In response to Ms. Jaeckle's questions, Mr. Bowling stated the geography of the plan amendment is approximately 1 square mile. He further stated the number of off -campus students who will reside in proposed housing within the geography is unknown. He stated VSU maintains about 1,500 on -campus housing units, as well as apartments across the railroad tracks. In response to Mr. Gecker's question regarding the target market, Mr. Bowling stated the VSU Foundation has set the precedent with the multi -story, mixed-use building that was approved last year. He further stated part of the market will hopefully be geared towards students and faculty members. Mr. Gecker stated it seems that the VSU Foundation's building is a decent market test and before the county committed to large- scale resources there, the results of the market test should be analyzed. 15-214 04/15/15 19 9 In response to Mr. Gecker's remarks, Mr. Bowling noted the VSU Foundation did commission a market study and consultant. He stated the question to accelerate the process lies behind the success of the future multi -use building and/or county funding. He further stated there is nothing within the plan that will encourage redevelopment along Chesterfield Avenue; however, there are hopes to anticipate and accommodate that possibility. Mr. Elswick noted any improvements would have to go through the CIP process and will depend on the needs of the county. Mr. Holland stated he believes the plan is an excellent model to expand opportunities to an area in need of revitalization. He further stated collaboration is essential for that particular community and having the county take the lead to work with VSU will certainly be a significant step forward to serve Chesterfield, as well as enhance the tax base. He stated the VSU Foundation has contemplated having first -floor retail space with upper-level housing units. He stressed the importance of local governments working with their local universities. He applauded the efforts of Mr. Elswick, county staff and VSU representatives relative to the area plan. Mr. Gecker stated he supports Mr. Holland's comments entirely. He further stated the original purpose of the plan was how to best serve VSU and Ettrick together. He expressed concerns with staff comments that alluded to moving away from the primary focus on VSU and expanding the focus to all of the above. He stated the primary thrust of the plan was to find a way to have Ettrick complement VSU and vice versa. He further stated as long as the incentives are done, design standards are approved and the plan is geared towards a relationship with VSU to create a town and gown environment, he feels comfortable with the plan. He expressed concerns with the expansion of the goal to serve housing to the broader area. In response to Ms. Jaeckle's question regarding the Tri - Cities Area Multimodal Station National Environment Policy Act Study, Mr. Bowling stated there was a meeting regarding several alternative sites, both in Chesterfield and outside of the county, and staff strongly supported the Ettrick location and cited the plan as part of the support to keep the train station and make the area more desirable. He noted a consultant has been hired to study the marketability of the site for multimodal development. Mr. Elswick expressed his appreciation to staff for their hard work and investment of time relative to the plan. He stated the university's mixed-use project will set the tone for how quickly revitalization efforts are made. He noted two public hearings will be held this evening regarding the Ettrick VSU Special Area Plan and ordinance amendments. 6.B. COUNTY ADMINISTRATOR'S PROPOSED FY2016 BUDGET, THE PROPOSED FY2016 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ANNUAL PLAN, THE PROPOSED FY2016-FY2020 CAPITAL IMPROVEMENT PROGRAM, 2015 TAX RATES, AND OTHER PROPOSED ORDINANCE CHANGES Mr. Carmody expressed appreciation to the Board of Supervisors for an active discussion and willingness to work with the citizens and staff. He also recognized the Budget 15-215 04/15/15 staff for their efforts in developing the budget. He stated there has been a number of additional expense items discussed throughout the budget process for possible consideration in the final plan. He further stated there is approximately $1.3 million of available resources made up of a mix of additional state revenue and expenditure savings that could be used to address some of the additional items. He stated after dialogue with the Board, staff recommends the following uses: 1) three police officers: $266,400; 2) BizWorks: $48,000; 3) Richmond Region Tourism $65,000; and TMDL reserve: $937,000. He noted TMDL funding would not be appropriated, but reserved via the appropriations resolution; spread of centrally budgeted items including the second one percent merit adjustment for eligible employees; and an amendment to the total amount of the healthcare fund. In regards to Schools' CIP, amendments are reflective of the version approved by the School Board, which is headlined by restoration of revitalization project sequencing. He stated appropriations category adjustments in the school fund are to reflect the lease of 100 school buses over a seven-year period. He noted county CIP changes which include removing the Falling Creek Police Station from the CIP (financed through asset forfeiture funds) - $32,500 of which will be added to School Site improvements in Parks and Recreation with the remaining balance of $117,500 going to the unallocated CIP reserve. In response to Mr. Elswick's question regarding the proposal to lease purcahse 100 school buses, Mr. Carmody stated Fleet Management will be responsible for purging the most deficient buses. In response to Mr. Holland's concerns regarding school bus funding, Mr. Carmody stated the plan lowers the maximum number of buses being replaced so as not to replicate the need to replace 200 buses 15 years from now. He noted the county will own the school buses through a lease purchase transaction. 7. DEFERRED ITEMS 7.A. SET DATE FOR PUBLIC HEARING TO CONSIDER RESTRICTION OF THROUGH TRUCK TRAFFIC ON WOODS EDGE ROAD Mr. Smith stated a public hearing on the matter was held on December 10, 2014. He further stated at that public hearing, the Board referred the issue to the Planning Commission for further evaluation and recommendation on both the restriction and any amendments to the Thoroughfare Plan. He stated at the February 19, 2015 meeting, the recommendation was made to make no amendments to the Thoroughfare Plan and to forward the request for through truck restriction to the Virginia Department of Transportation. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board set May 27, 2015, as a public hearing to consider a through truck traffic restriction on Woods Edge Road from Ruffin Mill Road to Lawing Drive, and authorized the advertisement for that hearing. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None 15-216 04/15/15 9 9 9 8. NEW BUSINESS 8.A. BUDGET ITEMS In regards to school bus funding, Mr. Carmody stated staff recommends that there be a pay-as-you-go component, in that this should not be the normal model for purchasing buses. Mr. Holland thanked Mr. Carmody for his explanation and stressed the importance of rationality and the purpose of appropriations. 8.A.1. ADOPTION OF ORDINANCE AMENDMENTS TO THE COUNTY CODE RELATING TO UTILITIES CONNECTION FEES AND UTILITIES USER CHARGES On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 18-22 AND 18-27 RELATING TO UTILITIES CONNECTION FEES AND UTILITIES USER CHARGES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 18-22 and 18-27 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 18-22. Connection fees. (a) The water connection fee shall be the capital cost recovery charge plus the meter installation charge based on the size of the water meter that the director installs. The wastewater connection fee shall be the capital cost recovery charge for the size of the water meter that serves the property, or, if the property does not receive water service, the size of the water meter that would serve the property if it received water service. (b) The capital cost recovery charge shall be: 15-217 04/15/15 Number of Meter Capital Cost ERU's Customer Class Size (inches) per Recovery Charge Uni t Water Wastewater (i) For a dwelling, 5/8 1.00 $5,200.00 $5,100.00 single-family, including townhouses, mobile homes that are not located in a 15-217 04/15/15 15-218 04/15/15 9 9 9 mobile home park, and individually metered multifamily dwelling units (ii) For a dwelling, two- 5/8 1.00 5,200.00 5,100. family (per unit) (iii) For mobile homes that 0.85 4,420.00 4,335. are located in a mobile home park and for master metered multiple-family dwellings other than multiple-family dwellings used exclusively as housing for colleges and/or universities (per unit) (iv) For all other customer 5/8 1.00 5,200.00 5,100.OD classes 1 2.50 13,000.00 12,750. 1;4 5.00 26,000.00 25,500. 2 8.00 41,600.00 40,800. 3 16.00 83,200.00 81,600. 4 25.00 130,000.00 127,500. 6 50.00 260,000.00 255,000. 8 80.00 416,000.00 408,000. 10 115.00 598,000.00 586,500.OD 12 155.00 806,000.00 790,500.OD The capital cost recovery charge for meters that are larg than 12 inches shall be determined by the director based dil the number of ERUs per unit. (v) The capital cost recovery charge for a dwelling that is served by a meter that is larger than five-eighths inch shall be the same capital cost recovery charge in 15-218 04/15/15 9 9 9 '"s subsection (b)(iv). • (c) The meter and water service line installation charge shall be: (1) For installing water service lines: Inches Charge 5/8 1,900.00 1 2,150.00 13� 4,150.00 2 4,700.00 (2) For installing meters: Inches Charge 5/8 80.00 1 130.00 1� 320.00 2 420.00 (3) For installing residential outside use meters using existing service lines: $500.00. . • . Sec. 18-27. Utility charges. Effective with bills issued on and after July 1, 2015, the consumer shall pay charges for utility service in accordance with the following schedules: (a) Monthly service charges. The monthly service charge shall be: (1) Customer cost charge. A customer cost charge of $2.44 for each service account. However, customers 15-219 04/15/15 who have only a water account or a wastewater account shall pay a customer cost charge of $4.88. (2) Commodity cost charge. (i) Water: $1.68 per 100 cubic feet (Ccf). (ii) Wastewater: $ 2.02 per 100 cubic feet (Ccf). (3) Capacity cost charge. 14 Customer Class Meter Number Monthly Capacity Size of Charge (inches) ERU's per Unit Water Wastewater (i) Dwelling, single- 5/8 1.00 $ 6.64 $ 12,36 family, including townhouses and mobile homes that are not located in a mobile home park (ii) Dwelling, two- 5/8 1.00 6.64 12 36 family (per unit) (iii) Mobile homes that 0.85 5.64 10 50 are located in a mobile home park and multiple -family dwellings other than multiple - family dwellings 11,41 used exclusively as housing for colleges or universities (per unit) (iv) All other customer 5/8 and 1.00 6.6 12 36 classes 3/4 1 2.50 30.90 16.60 1 1/2 5.00 33.20 61 80 2 8.00 98.88 53.12 3 16.00 106.24 197.76 4 25.00 166.00 309.00 6 50.00 332.00 618.00 8 80.00 531.20 988.80 10 115.00 763.60 1,421.40 12 155.00 1,029.201 1,915.80 (v) The capacity cost charge for a dwelling that is served by a meter that is larger than five-eighths inch shall be he capacity cost charge in subsection (a)(3)(iv). 0 0 0 (2) That this ordinance shall become effective July 1, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-220 04/15/15 r r 8.A.2. ADOPTION OF ORDINANCE AMENDMENTS TO THE COUNTY CODE RELATIVE TO SUBDIVISION REVIEW FEE CHANGES On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 17-9 AND 17-85 RELATING TO SUBDIVISION CONSTRUCTION PLAN "TABLE REVIEW" AND FEES. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 17-9 and 17-85 of the Code of the County of Chesterfield, 1997, as amended, are amended and re- enacted, to read as follows: Chapter 17 SUBDIVISION OF LAND WE Sec. 17-9. Fees. In addition to any other required fees, including those fees imposed by state agencies, the fees provided in this section shall be submitted to the planning department in conjunction with the specified application or request. Application Type Fee (in dollars) Initial Submittal plus 2 1000 plus 50 per Revision Submittals lot Preliminary Fourth and Subsequent Subdivision Plat 900 Submittals Overall Conceptual Initial Submittal plus 2 1100 Plan (submitted for Revision Submittals review separate from Preliminary Fourth and Subsequent 900 Subdivision Plat) Submittals Initial Submittal plus 2 1400 plus 70 per lot Revision Submittals or parcel Construction Plan Fourth and Subsequent Review Submittals 1000 Table Review 350 Construction Plan Adjustment 500 per submittal Lot Subdivision Final Plat 1600 plus 30 per lot Minor Subdivision Final Plat 1600 plus 30 per lot Amended or Line Modification Final Plat 85 per lot or parcel Residential Parcel and Family Subdivision Final 100 per lot or parcel Plat 15-221 04/15/15 Onsite Sewage Disposal System Soils Analysis Review 155 per lot or parcel Major Change to Approved Plat 1000 per submittal Technical Correction Letter per Requested Change 100 Exce tions to Subdivision Re P quirements Sec. 17-8 1000 per ordinance sectionlll Deferral Request from Planning Commission Public 1000 for first Hearing/Meeting deferral plus 2000 for each deferral thereafter [21 Written Verification of Subdivision or Subdivision Interpretation 150 [1] This fee is in addition to fees applicable to a subdivision plat review. [2] Fee to be paid by applicant requesting or consenting to deferral. Sec. 17-85. Definitions. M nos MW Construction Plan Table Review: Review of a revised construction plan that in the opinion of all members of the plans review team involve minor changes and the impacts of such revisions are minimal. The review of such plans shall occur at a joint meeting between the team and the subdivider. Construction plan table review shall not include an initial application for a construction plan adjustment, but shall include review of a revised adjusted construction plan for subsequent submissions conforming to the criteria herein. 000 (2) That this ordinance shall become effective July 1, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.A.3. ADOPTION OF ORDINANCE ESTABLISHING THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF REAL ESTATE AND PERSONAL PROPERTY FOR 2015 On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following ordinance: AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF PROPERTY FOR THE COUNTY OF CHESTERFIELD BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That for the year beginning on the first day of January, 2015, and ending on the thirty-first day of December, 2015, 15-222 04/15/15 9 19 9 0 the taxes on property in all the Magisterial Districts of the County of Chesterfield shall be as follows: Sec. 1. Real Property and Mobile Homes. (a) Except as provided in Sec. 1 (b), on tracts of land, lots or improvements thereon and on mobile homes the tax shall be $0.96 on every $100 of assessed value thereof. (b) On tracts of land, lots or improvements thereon and on mobile homes in the Charter Colony Powhite Parkway Transportation District the tax shall be $1.11 on every $100 of assessed value thereof. Sec. 2. Personal Property. (a) On automobiles, trailers, boats, boat trailers, other motor vehicles and on all tangible personal property used or held in connection with any mining, manufacturing or other business, trade, occupation or profession, including furnishings, furniture and appliances in rental units, the tax shall be $3.60 on every $100 of the assessed value thereof. (b) On aircraft as defined by Section 58.1-3503 and -3506 of the Code of Virginia, 1950, as amended, the tax shall be $.50 on every $100 of the assessed value thereof. (c) On motor vehicles owned or leased by members of volunteer rescue squads, volunteer fire departments, volunteer police chaplains and by auxiliary police officers as provided in Section 9-57, Code of the County of Chesterfield, 1997, as amended, the tax shall be $.96 on every $100 of the assessed value thereof. (d) On wild or exotic animals as defined by Section 58.1-3506 of the Code of Virginia, 1950, as amended, the tax shall be $0.01 on every $100 of the assessed value thereof. (e) On motor vehicles which use clean special fuels as defined in Section 46.2-749.3 of the Code of Virginia, 1950, as amended, the tax shall be $3.24 on every $100 of the assessed value thereof. (f) On motor vehicles, trailers, and semitrailers with a gross vehicle weight of 10,000 pounds or more used to transport property for hire by a motor carrier engaged in interstate commerce, the tax shall be $.96 on every $100 of the assessed value thereof. (g) On motor vehicles which are specially equipped to provide transportation for physically handicapped individuals, the tax shall be $.01 on every $100 of the assessed value thereof. Sec. 3. Public Service Corporation Property. (a) On that portion of real estate and tangible personal property of public service corporations which has been equalized as provided in Section 58.1-2604 of the Code of Virginia, 1950, as amended, the tax shall be $0.96 on 15-223 04/15/15 every $100 of the assessed value thereof determined by the State Corporation Commission. (b) The foregoing subsections to the contrary notwithstanding, on automobiles and trucks belonging to such public service corporations the tax shall be $3.60 on every $100 of assessed value thereof. Sec. 4. Machinery and Tools. On machinery and tools used in a manufacturing or mining business the tax shall be $1.00 on every $100 assessed value thereof. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Gecker stated there is one part of the county in which there is a supplemental tax on all real property in the Service District of $.15/$100 of assessed value. He further stated he has had a number of discussions with the County Attorney about the removal of residential properties from the Service District. He urged the Board to assist him in finding ways to fix an inequity in the system. Mr. Mincks noted a memo was sent to Board members regarding the Powhite Parkway - Charter Colony Parkway Interchange Service District. Mr. Holland concurred with Mr. Gecker's remarks. 8.A.4. ADOPTION OF THE FY2016 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE HOME INVESTMENT PARTNERSHIP ANNUAL PLAN Mr. Holland stated he serves on the Workforce Consortium, which just received a $1.5 million grant last year for entrepreneurship. He stressed the importance of local entrepreneurs and future funding for non-profit small business incubators. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the FY2016 Community Development Block Grant and the HOME Investment Partnerships Annual Plan. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.A.5. ADOPTION OF THE FY2016-FY2020 CAPITAL IMPROVEMENT PROGRAM On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the FY2016-FY2020 Capital Improvement Program, as amended. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-224 04/15/15 9 IR 8.A.6. ADOPTION OF THE FY2016 ANNUAL FINANCIAL PLAN Mr. Holland made a motion, seconded by Mr. Gecker, for the Board to adopt the FY2016 Annual Financial Plan, as amended. Ms. Jaeckle stated she was disappointed to see the addition of only three Police officer positions suggested in the budget, as opposed to six positions. She further stated there is a great need for more police enforcement in the Bermuda area, due to the development of Amazon. She stressed the importance of a high-profile police presence within the community. She stated she would prefer to reduce TMDL funding in order to increase law enforcement personnel. Mr. Gecker stated certainly the Board shares the same sentiment in terms of public safety. He further stated within all districts there are areas that need higher levels of patrol. He stated Chesterfield is a community that prides itself on living within its current means. In regards to TMDL, he stated the county is putting a relativity small down payment on the obligation. He further stated for the Board to not address the TMDL issue in a meaningful way is a long-term mistake in contrary to the philosophy adopted when taking office, to pay for the current obligations with current money. He stated this Board has done a pretty good job steering its way forward, filling some holes and not deferring items to the future. He stressed the importance of honoring a commitment to the next generation and balancing needs important to each district against the policy. Mr. Holland concurred with all of Mr. Gecker's remarks. He stated the proposed plan represents a balanced and reasonable approach. He also stressed the importance of living within the county's current means and being the most responsive to the requests of the community. He applauded Board members for respectfulness in terms of existing obligations and paying for those commitments presently. Ms. Jaeckle noted two commonwealth attorney positions were added, as well as the mitigation of shortages relative to Sheriff personnel salaries. She stated the Citizen's Budget Advisory Committee recommended taking a look at the requests from the Sheriff's Department and the Commonwealth Attorney's office to come up with a plan for next year. She further stated her reason to push for additional Police officers because of the growth in the area. She stated the Board needs to come up with a staffing formula to adequately address the needs of the Police Department. She noted the Enon area heavily relies on police patrol enforcement to mitigate traffic issues. She also expressed concerns relative to TMDL funding. Mr. warren expressed his appreciation to county citizens, staff and the Budget and Audit Committee for their significant efforts and input relative to the budgetary process. He noted his approval of the annual financial plan, as proposed. Mr. Elswick expressed his appreciation to county department directors and staff for their tremendous efforts preparing and managing the budget. He also thanked county citizens for 15-225 04/15/15 their input relative to the budgetary process. He stressed the importance of remaining revenue neutral, responsible and reasonable when developing a balanced and cautious financial plan. He stated the goal of the five-year plan was to address critical issues facing the county, such as education and public safety fundamentals. He noted the current Board of Supervisors has increased school funding by $60 million, in a three-year time period. Ms. Jaeckle noted there were many cuts made to both the county and school division. She stated the processes of where funds are being allocated in the FY2016 financial plan are very transparent. She further stated even though she does not agree with all of the allocations, she does plan to support the budget. Mr. Carmody noted in addition to the $1.3 million on the general fund side, there is approximately $2.5 million increase for schools to be allocated for employer healthcare costs and additional reduction in PTR. In response to Mr. Gecker's question regarding the school increase, Mr. Carmody stated there is a control mechanism built into the appropriation resolution with a delegated role to the County Administrator based on revenue performance for transferring dollars to the school division. In response to Mr. Holland's question, Mr. Carmody stated approximately appropriated/reserved $1.3 million of available resources would be appropriated, as well as an additional approximately $2.5 million for base changes. Discussion ensued relative to percentages for revenue numbers relating to the five-year plan. Mr. Elswick called for a vote on the motion made by Mr. Holland, seconded by Mr. Gecker, for the Board to adopt the FY2016 Annual Financial Plan, as amended, per staff's presentation to include an additional approximately $2.5 million for base changes in schools. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Gecker expressed his appreciation to Budget staff, the Budget and Audit Committee and Board members for their tremendous efforts and ability to focus on the longer time horizon. He stated the focus on a longer term and gaining an understanding from the Board regarding goals and priorities has changed the annual process from one of potential contention to one of cohesion. He further stated restoring money to the school division really equates to a lower PTR than before the recession. He stated the only sacrifice that was made, in terms of citizen service, is reopening county libraries on Thursdays. Mr. Holland concurred with Mr. Gecker's remarks. Ms. Jaeckle stated there was a much more fluent discussion relative to the five-year plan and citizens knew exactly the direction the county was headed. In regards to sports 15-226 04/15/15 19 9 19 tourism, she noted when the hotel tax was instituted, part of the agreement with the hoteliers was the excess tax would be used to support venues that brought up hotel occupancy. Mr. Holland stated the Jefferson Cup Soccer Tournament is an example of the significant dollars that flow through Chesterfield County. Mr. Elswick referred to an article regarding the Henrico County Manager discussing issues with the school superintendent and stressed the importance of the county's five-year plan. 8.A.7. ADOPTION OF RESOLUTION APPROPRIATING FUNDS FOR FY2016 Mr. Elswick recognized Budget and Management staff members who were in attendance. Mr. Carmody expressed his heartfelt gratitude to members of his staff for their outstanding hard work. Mr. Holland stated the county is on a journey of excellence, especially in regards to education. Mr. Holland then made a motion, seconded by Mr. Gecker, for the Board to adopt the following resolution appropriating funds for FY2016, as amended: A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS FROM DESIGNATED ESTIMATED REVENUES FOR FY2016 FOR THE OPERATING BUDGETS AND THE CAPITAL IMPROVEMENT PROGRAM FOR THE COUNTY OF CHESTERFIELD, VIRGINIA BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Chesterfield: That for the fiscal year beginning on the first day of July 2015 and ending on the thirtieth day of June 2016, the following sections shall be adopted: Sec. 1 The following designated funds and accounts shall be appropriated from the designated estimated revenues to operate and provide a capital improvement program for the County. It is the intent of the Board of Supervisors that general property taxes levied on January 1, 2015, and due December 5, 2015, be appropriated for FY2016. FY2016/Adopted General Fund Estimated Revenue: Local Sources General Property Taxes $399,242,800 Other Local Taxes 116,356,800 Licenses, Permits, & Fees 6,017,000 Fines, Forfeitures & Uses of Money & Property 3,058,300 Service Charges 32,328,300 Miscellaneous and Recovered Costs 13,148,200 15-227 04/15/15 Other Agencies State and Federal 143,074, 00 Other Financing Sources Use of Restricted, Committed, or Assigned Fund Balance 13,376, 00 Transfer from County Grants Fund 1,297,-00 Transfer from Mental Health, Support Services 442,(00 Transfer from Fleet Management 13,'00 Transfer from Water Operating Fund 3, 00 Transfer from Wastewater Operating Fund 2, 00 Unassigned Fund Balance 7/1/2015 57,248, 00 Total Revenues 785,610, $785,610,S00- 00Appropriations: Appropriations: General Government $49,502, 00 Administration of Justice 9,024, 00 Public Safety 168,634,:00 Public Works 17,098,-00 Health & Welfare 67,817, 00 Parks, Recreation, Cultural 19,571, 00 Community Development 18,157, 00 Debt Service 21,958, 00 Operating Transfers 354'575, 00 Assignments 602,300 Unassigned Fund Balance, 6/30/2016 58,668, 00 Total General Fund $785,610, 00 *Plus encumbrances carried forward in all fun's in an amount not to exceed $15 million, which wi l reappropriated into the fiscal year beginning JUNIr 1, 2015. (See "Section 511) Comprehensive Services Fund Estimated Revenue: Reimbursement, Colonial Heights $334,-00 State Aid, Comprehensive Services 5,364, 00 Transfer from Social Services 445,200 Transfer from Schools 2,531, 00 Transfer from General Fund 1,251, 00 Total Revenues and Funding Sources $9,926, 00 Appropriations: Operating Expenses 9,926, 00 Total Appropriations $9,926,100 School Operating Fund Estimated Revenue: Local Sources $21,474, 00 State 243,214, 00 Federal 35,191, 00 Transfer from School Operating 402, O�j Transfer from School Food Service 1,000,to Use of Reserve 2,589, 00 Transfer from General Fund: State Sales Tax 59,390, 00 Local Taxes 255,194,-00 Prior Year Revenue 5,000, 00 Total General Fund 319,584, 00 Use of Assigned Fund Balance 1,000, 00 15-228 04/15/15 1q - Total Revenues and Funding $624,457,000 Sources Appropriations: Instruction $426,743,600 Administration, Attendance & Health 22,081,900 Pupil Transportation 32,028,900 Operations & Maintenance 54,487,800 Technology 13,089,300 Debt Service 47,769,000 Food Service 25,202,200 Transfer to and/or Assignment for 6,409,300 School Capital Projects 2,054,300 Unassigned Fund Balance, 75,000 6/30/2016 1,000,000 Total Appropriations $624,457,000 Schools - Appomattox Regional Governor's School Fund Estimated Revenue: Local Sources $2,641,700 1,159,200 State Total Revenues and Funding Sources $3,800,900 Appropriations Education $3,800,900 Total Appropriations $3,800,900 County Grants Fund Estimated Revenue: Other Governments $11,692,000 Transfer from General Fund 1,240,300 Use of Restricted, Committed, or Assigned Fund Balance 22,900 Total Revenues and Funding Sources $12,955,200 Appropriations: Adult Drug Court $659,800 Clerk of the Circuit Court Technology Trust Fund 374,000 Community Corrections Services Domestic Violence Victim Advocate (V -STOP) 61,500 Community Development Block Grant 1,552,700 Community Services Board Part C 1,496,200 Domestic Violence Prosecutor 113,800 Families First 529,900 Fire & EMS Revenue Recovery 6,409,300 Juvenile Drug Court Grant 316,000 USDA Juvenile Detention Grant 75,000 Victim/Witness Assistance 503,300 Virginia Juvenile Community Crime Act (VJCCCA) 8631700 Total Appropriations $12,955,200 County CIP Fund Estimated Revenue: Transfer from General Fund $23,886,000 General Obligation Bonds 13,000,000 Lease Financing 5,948,800 Foundation Contributions 970,200 Developer Contributions 7,000,000 15-229 04/15/15 Transfer from Cash Proffers State Funds Total Revenues Appropriations: County Capital Projects Transfer to Capital Projects from Cash Proffers Transfer to School Capital Projects Funds Total County CIP Funds Note: An additional $1,158,000 in county project savings is already appropriated in the capital project fund that will be reallocated for new projects. In addition, $590,000 is appropriated in the grant fund that will be used for capital projects. Schools CIP Fund Estimated Revenue: Bond Proceeds Transfer from Cash Proffer Fund Trf from School Grant Fund (State Technology Funds) Transfer from School Reserve for Future Capital Projects Total Revenue and Transfers* Appropriations: School Capital Projects Total Appropriations* Note: An additional $3,033,600 in school project savings is already appropriated in the school capital project fund that will be reallocated for new projects. 3,940,000 00 10,000, 00 $64,745, 00 $57,805,1100 3,940,1000 3,000,100(' $64,745, (41 $37,850,(00 3,000,( 00 1,800, 00 254, 00 $42,904,.1,00 $42,904, Or $42,904,10-6 Fleet Management and Radio Shop Estimated Revenue: Fleet Management Charges $19,022,300 Radio Shop Charges 1,945, 00 Total Revenue and Funding Sources $20,967,1$00 Appropriations: Fleet Management Operations Radio Shop Operations Addition to Unrestricted Net Assets Total Appropriations Facility Management Fund Estimated Revenue: Reimbursement for Services Total Revenue Construction Management Appropriations: Operations Total Appropriations Risk Management Fund 15-230 $18,64300 1,945, 00 379,400 $20,967,1$00-- $719,100 $719, 20,967, 00 $719,00$719, 00 $719, 00 $719,1$00 04/15/15 N Estimated Revenue: Operating Revenues $7,937,500 Use of Unrestricted Net Assets 12,860,000 Total Revenue $20,797,500 Appropriations: Risk Management Operations $8,387,500 Use of Unrestricted Net Assets 12,410,000 Total Appropriations $20,797,500 Healthcare Fund Estimated Revenue: Employee Contributions $32,914,300 Employer Contributions 74,535,100 Total Revenue $107,449,400 Appropriations: Operating Expenditures $107,449,400 Total Appropriations $107,449,400 Airport Fund Estimated Revenue: Operating Revenue $729,600 Total Revenue $729,600 Appropriations: Airport Operations $679,600 Addition to Unrestricted Net Assets 50,000 Total Appropriations $729,600 Utilities Funds Estimated Revenue: Service Charges $83,740,000 Capital Cost Recovery Charges 15,465,000 Other Revenue 4,587,500 Use of Unrestricted Net Assets 17,223,000 Total Revenue $121,015,500 Appropriations: Operations $58,652,800 Debt Service 7,002,000 Transfer to Capital Projects Fund 55,360,700 Total Appropriations $121,015,500 Utilities Capital Project Funds Estimated Transfer from Revenue: Improvement/Replacement Fund $55,360,700 Total Revenue $55,360,700 Appropriations: Capital Projects $55,360,700 Total Appropriations $55,360,700 Sec. 2 Appropriations in addition to those contained in the general appropriation resolution may be made by the Board only if there is available in the fund an unencumbered and unappropriated sum sufficient to meet such appropriations. Sec. 3 The County Administrator may, as provided herein, except as set forth in Sections 7, 12, 13, 14, 15, 16, 18 and 23 authorize the transfer of any unencumbered balance or portion thereof from one 15-231 04/15/15 classification of expenditure to another within the same department or appropriation category. Unless otherwise provided below, the County Administrator may transfer up to $50,000 from the unencumbered appropriated balance and prior year end carry forward assignments from one appropriation category (including assigned fund balance) to another appropriation category. No more than one transfer may be made for the same item causing the need for a transfer, unless the total amount to be transferred for the item does not exceed $50,000. Sec. 4 The County Administrator may increase appropriations for non -budgeted revenue that may occur during the fiscal year as follows: a) Insurance recoveries received for damage to any county property, including vehicles, for which county funds have been expended to make repairs. b) Refunds or reimbursements made to the County for which the County has expended funds directly related to that refund or reimbursement. c) Revenue not to exceed $50,000. Sec. 5 All outstanding encumbrances, both operating and capital, in all county funds up to $15 million, at June 30, 2015 shall be an amendment to the adopted budget and shall be reappropriated to the 2016 fiscal year to the same department and account for which they were assigned in the previous year subject, if applicable, to any public hearing requirements. At the close of the fiscal year, all unassigned appropriations lapse for budget items other than: capital projects; general fund transfers for capital projects and grants; construction assignments for capital projects; assignments for county and school future capital projects; other use of restricted, committed, or assigned fund balances; District Improvement Funds; donations restricted to specific purposes; federal and state grants, PPTRA revenues; other revenue and program income; revenue recovery funds; Title IV -E funds; cash proffers; all tax revenues received for special assessment districts and interest earnings thereon; Fire and Emergency Medical Services apparatus and equipment funding; Economic Development incentive funds; actual transient occupancy tax revenues received and budgeted expenditures in connection with the Richmond Convention Center; and refunds for off-site and oversized water and wastewater facilities. Any funds budgeted in a given fiscal year that are specifically budgeted to add to an assignment of fund balance shall be automatically authorized to be assigned during the year end audit process. All excess revenues and any unspent appropriations in the telecommunications program is authorized to become an automatic assignment for future telephone system upgrades. All revenues from the increased vehicle registration fee received in excess of those 15-232 04/15/15 PC M budgeted for the state revenue sharing program shall automatically be authorized as an assignment of fund balance at year end. The Board of Supervisors set aside $937,000 during adoption of the FY2016 Budget which will automatically be reserved at June 30, 2016 for TMDL related expenses. Sec. 6 Appropriations designated for capital projects will not lapse at the end of the fiscal year. The County Administrator may approve transfers between funds to enable the capital projects to be accounted for correctly. Upon completion of a capital project, staff is authorized to close out the project and transfer any remaining balances to the original funding source. The County Administrator may approve construction contract change orders up to an increase of $49,999 and approve all change orders for reductions to contracts. The Board of Supervisors must approve all change orders of $50,000 or more or when the aggregate of all changes to a contract exceeds 10% of the original contract amount or 20% if the original contract is for less than $500,000. Sec. 7 The County Administrator is authorized to approve transfers among Utilities funds and capital projects as long as funding sources are consistent and total net appropriation is not increased. Should the actual contract price for a project be less than the appropriation, the County Administrator may approve the transfer of excess funds back to the original funding source upon completion of the project. Sec. 8 Upon completion of a grant program, staff is authorized to close the grant and transfer balances back to the funding source. Staff is authorized to reprogram Community Development Block Grant funds by closing program cost centers and transferring funding to newly approved programs based on adoption by the Board of Supervisors. Sec. 9 The County Administrator may reduce revenue and expenditure appropriations related to programs, functions, capital projects, grants, or departments to the level approved. Sec. 10 The Director of Accounting is authorized to make transfers to various funds for which there are transfers budgeted. The Director shall transfer funds only as needed up to amounts budgeted, or in accordance with any existing bond resolutions that specify the manner in which transfers are to be made. Sec. 11 The Treasurer may advance monies to and from the various funds of the County to allow maximum cash flow efficiency. The advances must not violate county bond covenants or other legal restrictions that would prohibit such an advance. The Treasurer may also advance cash in support of employee benefit accounts. 15-233 04/15/15 Sec. 12 The County Administrator is authorized to make expenditures from Trust & Agency Funds for the specified reasons for which the funds were established. In no case shall the expenditure exceed the available balance in the fund. Sec. 13 The County Administrator is authorized to transfer among appropriation categories and/or appropriate funds and assignments of fund balance in excess of $50,000 for supplemental retirement, Workers' Compensation, healthcare for retirees and other compensation -related costs, as well as for transfers to departments to cover energy/fuel costs. Sec. 14 The County Administrator may appropriate revenues and increase expenditures in excess of $50,000 for funds received by the County from asset forfeitures for expenditures related to drug enforcement or other allowable expenditures. The balance of these funds shall not lapse but be carried forward into the next fiscal year. Sec. 15 The County Administrator may increase the general fund appropriation in the school operating fund contingent upon availability of funds and other circumstances, based on the following schedule: a) Increase general fund transfer/appropriation on December 15 by $3,000,000. b) Increase general fund transfer/appropriation on February 15 by $3,000,000. c) Increase general fund transfer/appropriation on May 5 by $3,000,000. Sec. 16 The County Administrator is authorized to reallocate funding sources for capital projects, arbitrage rebates/penalties, and debt service payments and to appropriate bond interest earnings to minimize arbitrage rebates/penalties, including the appropriation of transfers among funds to accomplish such reallocations. Budgets for specific capital projects will not be increased beyond the level authorized by Sections 3 and 4. The County Administrator is authorized to transfer cash proffers among capital projects to ensure spending in a timely manner as long as the Capital Improvement Program net appropriation is not increased. Sec. 17 Salaries for Planning Commissioners will be increased equivalent to the merit increase county employees are eligible for. The effective date for pay increases, including the Planning Commission and the Board of Supervisors, may cross fiscal years. Sec. 18 The County Administrator is authorized to approve transfers among funds and capital projects as long as total net appropriation is not increased. 15-234 04/15/15 19 9 Sec. 19 The Utilities Department rate stabilization assignment shall be maintained as per guidelines outlined below: a) The minimum annual contribution to the assignment will be 50% of the previous year's depreciation on fixed assets. b) The annual contribution to the assignment will continue until 100% of accumulated depreciation on the fixed assets is funded. If at the beginning of a fiscal year a reserve balance exceeds 100% of accumulated depreciation, a reduction in the annual contribution may be considered. c) Funds cannot be used from the rate stabilization assignment if the balance falls below 25% of that utility's fixed asset accumulated depreciation, other than for Utility internal borrowing purposes. d) The declaration of a financial emergency by the Director of Utilities and a corresponding four- fifths vote by the Board of Supervisors at a publicly advertised meeting declaring the existence of such an emergency is required to suspend Sec. 19a, Sec. 19b, and Sec. 19c. Sec. 20 Upon adoption of this resolution, the School Board and/or the School Superintendent may make expenditure and revenue changes within the school operating funds as follows: a) Transfers of $50,000 or less are subject to the approval of the Superintendent. b) Transfers of $50,001 to $499,999 require the approval of the Superintendent and the School Board. c) Transfers of $500,000 or more require the approval of the Superintendent, the School Board, and the Board of Supervisors. The School Board and/or the School Superintendent shall prepare a budget status report reflecting changes to the approved school budget between appropriation categories, as amended, and the report shall be presented to the County Administrator quarterly. Sec. 21 In accordance with the requirements set forth in Section 58.1-3524(C)(2) and Section 58.1-3912(E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly (2004 Special Session 1) and as set forth in Item 503.E (Personal Property Tax Relief Program) of Chapter 951 of the 2005 Acts of Assembly, any qualifying vehicle situated within the County commencing January 1, 2006, shall receive 15-235 04/15/15 personal property tax relief in the following manner: a) Personal use vehicles valued at $1,000 or less will be eligible for 1000-. tax relief; b) Personal use vehicles valued at $1,001 to $20,000 will be eligible for 5801 tax relief; c) Personal use vehicles valued at $20,001 or more shall receive 58% tax relief on the first $20,000 of value; d) All other vehicles which do not meet the definition of "qualifying" (business use .vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. Pursuant to authority conferred in Item 503.D of the .2005 State Appropriations Act, the County Treasurer shall issue a supplemental personal property tax bill in the amount of 100 percent of tax due without regard to any former entitlement to state PPTRA relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such date as state funds for reimbursement of the state share of such bill have become unavailable, whichever occurs first. e) Penalty and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in Section 9-51 of the County code from the original due date of the tax. Sec. 22 The County Administrator is authorized to reduce a department's current year budget appropriation by a dollar amount equal to the prior year's overspending inclusive of encumbrances carried forward. Sec. 23 Within the healthcare fund the County Administrator is authorized to appropriate use of reserves, interest earnings, and additional employee or employer contributions in excess of $50,000 in order to pay claims, settlements, and any costs associated with healthcare. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B. APPOINTMENTS On motion of Mr. Gecker, seconded by Mr. Holland, the Board suspended its rules to allow simultaneous nomination /appointment/reappointment of members to the Airport Advisory Board and Central Virginia Waste Management Authority. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-236 04/15/15 19 19 9 8.B.1. AIRPORT ADVISORY BOARD On motion of Mr. Holland, seconded by Mr. Gecker, the Board simultaneously nominated/reappointed Mr. Andrew McEnhimer, representing the Dale District, to serve on the Airport Advisory Board, whose term is effective May 23, 2015 and will expire on May 22, 2018. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.2. CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mr. Holland, seconded by Mr. Gecker, the Board simultaneously nominated/ appointed Mr. Clay Bowles to serve as an alternate board member on the Central Virginia Waste Management Authority, whose term is effective immediately and will expire on December 31, 2019. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. B.C. CONSENT ITEMS 8.C.1. REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT FROM THE CHESTERFIELD COUNTY FAIR ASSOCIATION On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted a music/entertainment permit to the Chesterfield County Fair Association for the annual Chesterfield County Fair to be conducted August 28 through September 5, 2015, subject to compliance with the requirements and the representations made in the application. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.C.2. APPROVAL OF AN AGREEMENT WITH THE JAMES RIVER ASSOCIATION FOR THE PLACEMENT OF PET WASTE STATIONS IN COUNTY PARKS On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved an agreement with the James River Association for the placement of pet waste stations in county parks. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.C.3. REQUEST OF THE FRIENDS OF THE LIBRARY FOR APPROVAL TO SERVE ALCOHOLIC BEVERAGES AT MEADOWDALE LIBRARY FOR AN AUTHOR RECEPTION AND THE FRIENDS' ANNUAL MEETING On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the request of the Friends of the Library to serve alcoholic beverages at its annual meeting and author's reception at Meadowdale Library on May 21, 2015, subject to the conditions filed with the papers of this Board. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-237 04/15/15 8.C.4. ADOPTION OF RESOLUTIONS 8.C.4.a. AUTHORIZING GRTC TO PROVIDE TRANSIT SERVICE TO CENTURA COLLEGE On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Centura College, located at 7014 Midlothian Turnpike, has requested transit service to their campus; and WHEREAS, the Greater Richmond Transit Company (GRTC) is able to provide the transit service and has provided Centura College with the estimated annual cost of the service; and WHEREAS, Centura College has agreed to bear all costs associated with the service and to allow buses to use their property for passenger pick-up and discharge. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby authorizes GRTC to provide transit service to Centura College, located at 7914 Midlothian Turnpike. AND, BE IT FURTHER RESOLVED that the Board of Supervisors' authorization of transit service to Centura College shall not obligate the county to provide financial support of the transit service. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.C.4.b. RECOGNIZING MS. JULIA L. BRANCH, UTILITIES DEPARTMENT, UPON HER RETIREMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Ms. Julia L. Branch retired from the Chesterfield County Utilities Department on April 1, 2015; and WHEREAS, Ms. Branch began her public service with Chesterfield County on June 7,1993, when she was hired by the Chesterfield County Utilities Department as a plant operator for the maintenance section of the Falling Creek Wastewater Treatment Plant and has served faithfully until her retirement; and WHEREAS, Ms. Branch performed daily routine and corrective maintenance for the Falling Creek Wastewater Treatment Plant throughout her career and her efforts played a significant role in the plant being recognized as a responsible protector of the environment; and WHEREAS, the countless hours that she worked at the Falling Creek Wastewater Treatment Plant resulted in treated wastewater that was safe, reliable and environmentally sound; and 15-238 04/15/15 9 M WHEREAS, Ms. Branch strived to ensure the Chesterfield County Department of Utilities was an employer of choice by assisting with the training of new maintenance staff to provide the employees with the knowledge and skills needed to be a high -performing work force; and WHEREAS, Ms. Branch was highly respected for her knowledge and work ethic by her peers and co-workers; and WHEREAS, Ms. Branch willingly and faithfully assisted with relief staffing when necessary to ensure continuity with plant operations that resulted in exceptional regulatory compliance at the Falling Creek Wastewater Treatment Plant; and WHEREAS, Ms. Branch displayed dependability, aptitude, values and good character from the beginning of her career until retirement. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Julia L. Branch and extends on behalf of its members and citizens of Chesterfield County, appreciation for more than 21 years of exceptional service to the county. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.C.4.c. RECOGNIZING APRIL 19-25, 2015, AS "CHESTERFIELD COUNTY CLASSICS WEEK" On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the National Junior Classical League was founded in 1936 to encourage an interest in and an appreciation of the language, literature and culture of ancient Greece and Rome; and WHEREAS, throughout Chesterfield County, there are 15 chapters of the Junior Classical League, comprised of nearly 1,500 middle and high school Latin, Greek, and Classics pupils; and WHEREAS, the Virginia Junior Classical League is a long- time affiliate of the American Classical League, founded in 1919 for the purpose of fostering the study of classical languages in the United States and Canada; and WHEREAS, Chesterfield County's Junior Classical League chapters are tangibly involved in the educational needs of their student members and are committed to a better future for their students and the community, through active participation in service and outreach projects; and WHEREAS, Chesterfield County's Junior Classical League members believe that the Classics continue to hold a vital and significant place in today's culture; and the Chesterfield County Virginia Junior Classical League chapters, comprised of students and teachers, believe that 15-239 04/15/15 continued emphasis on the'study of the Classics is essential, if appreciation of the Classics in language, arts, and Western culture is to remain strong and valuable; and WHEREAS, "Chesterfield County Classics Week" is held in commemoration of the traditional anniversary of the founding of ancient Rome; and WHEREAS, Chesterfield County recognizes the relevance of Classical culture upon its own unique history, the wide interest that countless Chesterfield citizens hold for the Classics, and the advantages that a study of the Classical world offers to all students. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes April 19-25, 2015, as "Chesterfield County Classics Week," and calls this observance to the attention of its citizens. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.C.5. APPROVAL OF SEWER CONTRACTS 8.C.5.a. FOR MAGNOLIA GREEN PHASE 2 SEWER EXTENSION PHASE A On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved a sewer contract for Magnolia Green Phase 2 Sewer Extension Phase A, Contract Number 13-0228. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.C.5.b. FOR MAGNOLIA GREEN PHASE 2 SEWER EXTENSION PHASE B On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved a sewer contract for Magnolia Green Phase 2 Sewer Extension Phase B, Contract Number 14-0102. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.C.6. ACCEPTANCE OF PARCELS OF LAND 8.C.6.a. ALONG OSBORNE ROAD AND JEFFERSON DAVIS HIGHWAY FROM CNA PROPERTIES, L.C. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing a total of 0.08 acres along Osborne Road and Jefferson Davis Highway from CNA Properties, L.C., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-240 04/15/15 9 19 8.C.6.b. ADJACENT TO HARPERS MILL PARKWAY FROM HMG INVESTMENTS, LLC On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the conveyance of three parcels of land containing a total of 0.731 acres adjacent to Harpers Mill Parkway from HMG Investments, LLC, and authorized the County Administrator to execute the deed. (it is noted a copy of the plat is filed with the papers of the Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.C.7. REQUEST FOR PERMISSION FROM SEAN LOSO AND ERIN LOSO FOR A PROPOSED PRIVACY FENCE AND BRICK PAVER PATIO WITH FIREPLACE TO ENCROACH WITHIN AN EIGHT -FOOT EASEMENT ACROSS LOT 5, MAGNOLIA GREEN, SECTION H-2 On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted Sean Loso and Erin Loso permission for a proposed privacy fence and brick paver patio with fireplace to encroach within an 8' easement across Lot 5, Magnolia Green, Section H-2, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.C.8. REQUEST TO QUITCLAIM A PORTION OF A VARIABLE WIDTH WATER EASEMENT ACROSS THE PROPERTY OF STONEHENGE VILLAGE, LLC On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a variable width water easement across the property of Stonehenge Village, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: 8.C.9. Elswick, Warren, Jaeckle, Holland and Gecker. None. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO DEVELOPMENT STANDARDS MODIFICATION On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board set May 27, 2015, as the date for a public hearing to consider amendments to the County Code relative to development standards modification. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-241 04/15/15 8.C.10. AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A CONTRACT AND A VIRGINIA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT AMENDMENT FOR CONSTRUCTION OF THE ETTRICK/VSU RIVERSIDE TRAIL AND PARKING AREA On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board awarded a construction contract to Brock Construction Inc. in the amount of $365,000 and authorized the County Administrator to execute the contract for construction of the Ettrick/VSU Riverside Trail and Parking Area and to execute an amendment to the VDOT Enhancement Grant Agreement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.D. CLAIM OF AMERICAN INFRASTRUCTURE FOR ADDITIONAL COMPENSATION FOR THE ROUTE 10 (I-95 TO WARE BOTTOM SPRING ROAD) ROAD PROJECT Mr. Mincks stated in 2010, the county entered into a contract with American Infrastructure to construct the Route 10 road widening for the sum of $12,975,000. He further stated there were numerous delays in completing the project, and it was not substantially completed until over 15 months after the contract completion date. He stated staff believes that the bulk of these delays were the result of inadequate staffing, lack of effective planning, and sub -standard work by AI. He further stated in this claim, AI seeks additional compensation from the county in the amount of $7,513,966.80. He stated staff recommends that the Board deny AI's claim so that this matter can proceed to litigation. Mr. Eric Frantel, representing the contractor, presented a summary of the claim of American Infrastructure for additional compensation for the Route 10 (I-95 to Ware Bottom Spring Road) Road Project. He stated AI maintains that it completed the project on October 22, 2013; however, the county took the position that there were certain outstanding items at that time that required corrective action by AI. He further stated while disputing the county's position, AI agreed to perform additional work to resolve the outstanding items subject to its right to recover additional compensation and time for its effort. He stated approximately a year later, the county issued a "final estimate" for the contract, and AI promptly submitted the claim. He further stated the contractor was hopeful that the county would engage AI in discussion concerning the merits of the claim and given the substantial time that has passed, advancement in the process is requested by the Board of Supervisors. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board denied the claim of American Infrastructure for additional compensation for the Route 10 (I-95 to Ware Bottom Spring Road) Road Project. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-242 04/15/15 19 PC 91 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Holland, seconded by Mr. Gecker, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 11. DINNER On motion of Mr. Holland, seconded by Mr. Gecker, the Board recessed to Room 502 for dinner. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Elswick expressed his appreciation to Mr. Dupler for leading the Board through the budget process, in Mr. Stegmaier's absence. Reconvening: 12. INVOCATION/MOMENT OF SILENCE Mr. Arthur S. Warren, Vice Chairman, Board of Supervisors, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Liam Confroy led the Pledge of Allegiance to the Flag of the United States of America. 15-243 04/15/15 14. RESOLUTIONS 14.A. RECOGNIZING MR. WARREN L. SEAY, INFORMATION SYSTEMS TECHNOLOGY DEPARTMENT, UPON HIS RETIREMENT 14.B. RECOGNIZING MRS. SUSAN J. FITZGERALD-SEAY, INFORMATION SYSTEMS TECHNOLOGY DEPARTMENT, UPON HER RETIREMENT Mr. Joe Pugh introduced Mr. Warren L. Seay and Mrs. Susan J. Fitzgerald-Seay, who were present to receive their resolutions. On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Warren L. Seay retired from the Chesterfield County Information Systems Technology Department on April 1, 2015, after providing 28 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Seay has faithfully served the county in the capacity of principal analyst programmer, lead analyst programmer, applications team leader and customer relationship manager for the Information Systems Technology Department; and WHEREAS, Mr. service to all his County Treasurer, Inspection; and Seay has provided customers through Commissioner of outstanding customer the years, including Revenue and License WHEREAS, Mr. Seay was instrumental in the implementation of the first major client server system, the Treasurer's Revenue and Information Tracking System (TRAITS); and WHEREAS, Mr. Seay was involved in a major software upgrade converting the Chesterfield County Main Frame Operating System from Disk Operating System (DOS) to Multiple Virtual Storage (MVS); and WHEREAS, Mr. Seay was involved in the implementation of the Personal Property Proration System and served as the application team leader for the Taxation Team; and WHEREAS, Mr. Seay was instrumental in the implementation of the Emergency Passport Program; and WHEREAS, Mr. Seay was selected as the Information Systems Technology Employee of the Year in 1998 and served on the Information Systems Technology Standards Review Board and was a charter member of Chesterfield County's C -Fit program; and WHEREAS, Mr. Seay graduated from the Total Quality University in 1999 and from the Continuing Educational Studies program at the University of Richmond in Project Management in 1991; and WHEREAS, Mr. Seay was an active member of Data Processing Management Association, the Central Virginia 15-244 04/15/15 9 19 N Project Management Institute, and received his Certified Scrum Master certification, graduated from Chesterfield County's Supervisor's Institute and served as a member of the Emergency Response Team; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Seay's diligent service and tireless commitment. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of April 2015, publicly recognizes Mr. Warren L. Seay, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, 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. Seay and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. And, further, the Board adopted the following resolution: WHEREAS, Mrs. Susan J. Fitzgerald-Seay retired from the Chesterfield County Information Systems Technology Department on April 1, 2015, after providing more than 27 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mrs. Fitzgerald-Seay has faithfully served the county in the capacity of senior analyst programmer, principal analyst programmer, lead analyst programmer, applications team leader and customer relationship manager; and WHEREAS, Mrs. Fitzgerald-Seay has provided outstanding customer service to all her customers through the years including Management Services, Taxation, General Services, Human Services and County Attorney; and WHEREAS, Mrs. Fitzgerald-Seay was instrumental in the implementation of the first major client server system, the Treasurer's Revenue and Information Tracking System (TRAITS); and WHEREAS, Mrs. Fitzgerald-Seay was instrumental in the design and implementation of the Real Estate website; and WHEREAS, Mrs. Fitzgerald-Seay was involved in the successful implementation of the Central Quality System and the implementation of the Mainstar System; and WHEREAS, Mrs. Fitzgerald-Seay served on the Emergency Operations Center Emergency Response Team; and WHEREAS, Mrs. Fitzgerald-Seay was selected as the Information Systems Technology Employee of the Year in 1999, was elected to membership in Who's Who, served on the Management Services Quality Council and was a charter member of Chesterfield County's C -Fit program; and 15-245 04/15/15 WHEREAS, Mrs. Fitzgerald-Seay graduated from the Total Quality University in 1999 and from the Continuing Educational Studies program at the University of Richmond in Project Management in 1991, served as an active member of the Data Processing Management Association and served as its President of the local chapter in 1993; and WHEREAS, Mrs. Fitzgerald-Seay graduated from the Dale Carnegie Institute and served as a graduate assistant and as assistant teacher; and WHEREAS, Mrs. Fitzgerald-Seay was an active member of the Central Virginia Project Management Institute, received her Certified Scrum Master Certification in 2005 and graduated from Chesterfield County's Supervisor's Institute; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mrs. Fitzgerald- Seay 's commitment and dedication to the county. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of April 2015, publicly recognizes Mrs. Susan Fitzgerald-Seay, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Fitzgerald-Seay and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Elswick presented the executed resolutions to Mr. and Mrs. Seay and commended them for their commitment and dedication to the county, and wished them both a long and enjoyable retirement. Each Board member also commended Mr. and Mrs. Seay for their valuable service to the county. Mr. Dupler presented Mr. and Mrs. Seay with two acrylic statues and county watches, congratulated them on their retirement and expressed appreciation for their outstanding service to the county. 14.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Ms. Pollard introduced Mr. Liam Harrison Confroy, Mr. Robert Keith Aud, Mr. Nicholas Adam Cramer, Mr. Paul Thomas Fulghum and Mr. Christopher Harmaty Morton, who were present to receive their resolutions. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: 15-246 04/15/15 9 19 9 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 21 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 their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Liam Harrison Confroy and Mr. Robert Keith Aud, Troop 876, sponsored by Mt. Pisgah United Methodist Church, and Mr. Nicholas Adam Cramer, Mr. Paul Thomas Fulghum and Mr. Christopher Harmaty Morton, all of Troop 800, sponsored by Bethel Baptist Church, have accomplished those high standards of commitment and have reached the long -sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Liam,, Robbie, Nick, Paul and Christopher have distinguished themselves as members 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, this 15th day of November 2015, publicly recognizes Mr. Liam Harrison Confroy, Mr. Robert Keith Aud, Mr. Nicholas Adam Cramer, Mr. Paul Thomas Fulghum and Mr. Christopher Harmaty Morton, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Gecker presented the executed resolutions and patches to each Eagle Scout, accompanied by their families, congratulated them on their outstanding achievements and wished them well in future endeavors. Each Eagle Scout, accompanied by their families, provided details of their Eagle Scout project and expressed appreciation to their families and friends for their support. 15. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Brenda White, general manager, Chesterfield Fair Association, expressed her appreciation to the Board for their continued dedication and support. She noted the fair will be held on August 28 through September 5, 2015. 15-247 04/15/15 Ms. Sara Gilliam expressed her appreciation to the Board for their support to fully fund Chesterfield County Public Schools. Ms. Jarica Davis expressed her appreciation to the Board for their support to fully fund Chesterfield County Public Schools. 16. PUBLIC HEARINGS 16.A. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO PRELIMINARY SUBDIVISION PLATS Mr. Cash stated this date and time has been advertised for the Board to consider amendments to the County Code relative to preliminary subdivision plats. He further stated in 2014, the Code of Virginia was amended to eliminate the requirement for mandatory submission of a preliminary plat for subdivisions of fifty or fewer lots, although the subdivider may still choose to submit a preliminary plat for review and approval. He stated in addition to bringing the ordinances into conformance with state law, amendments are suggested to ensure ordinance standards that were normally addressed through the preliminary plat process can now be addressed through other processes for such subdivisions. He further stated unrelated to the state law change, the Right - Of -Way Section of the Utilities Department has requested an amendment relative to certificate requirements on subdivision plats. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. On motion to Mr. Gecker, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 17-9, 17-21, 17-22, 17-24, 17-40, 17-42, 17-43, 17-46, 17-47, 17- 48, 17-49, 17-50, 17-61, 17-62, 17-68, 17-76, 17-82 AND 17-85 OF THE SUBDIVISION ORDINANCE RELATING TO LOT SUBDIVISIONS THAT ARE NOT SUBJECT TO THE PRELIMINARY PLAT SUBDIVISION PROCESS. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 17-9, 17-21, 17-22, 17-24, 17-40, 17-42, 17-43, 17-46, 17-47, 17-48, 17-49, 17-50, 17-61, 17-62, 17- 68, 17-76, 17-82 and 17-85 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: Chapter 17 SUBDVISION OF LAND 15-248 04/15/15 9 9- 9 affil Sec. 17-21. Procedure for subdivision approval. A. Following is a summary of the approval procedure for subdivisions: 1. Overall Conceptual Plan. An overall conceptual plan shall be submitted for certain proposed subdivisions as required in Sec. 17-42. 2. Preliminary Plat. All proposed lot subdivisions involving more than 50 lots must submit a preliminary plat for approval. When a preliminary plat is not required, such plat for a lot subdivision may be submitted voluntarily at the discretion of the subdivider. If an overall conceptual plan is required it shall be submitted in conjunction with the preliminary plat. 3. Construction Plan. Construction plans, where required, shall be the first step in the final plat process. For residential lot subdivisions requiring preliminary plat or an overall conceptual plan, construction plans shall not be submitted until after applicable approvals. For subdivisions which are not being reviewed through the preliminary plat or overall conceptual plan processes, construction plans may be submitted in conjunction with the initial final plat review. Sec. 17-9. Fees. In addition to any other required fees, including those fees imposed by state agencies, the fees provided in this section shall be submitted to the planning department in conjunction with the specified application or request. Application Type Fee (in dollars) Initial Submittal plus 2 1000 plus 50 per Revision Submittals lot Preliminary Fourth and Subsequent 900 Subdivision Plat Submittals Overall Conceptual Initial Submittal plus 2 1100 Plan (submitted for Revision Submittals review separate b@.t9tEtRTg Requested Change Exceptions to Subdiv' it6hiRiqui rIihioiittiatec.P-IlLlt7s8 2 lot sectio%r Construction Plan Revision Submittals parcel Review F }�rth,and Subse tient Shari Commission Public 1000 or first deiPPPal Deferral Request fro � Hearing/Meeting Construction Plan Adjustment de5dOrpibrthebmittaiE21 o d�vj$Von Vial la 1600 plu353D0 per lot n erpre a Von Amended or Line Modification Final Plat 85 per lot or parcel te e i en is arcel an S damV y VVVSlO Vna 100 per lot or parcel pl eview. L1� Fee to be paid by applicant requesting or conse ting to deferral. Onsite Sewage Disposal System Soils Analysis 155 per lot or parcel Review 15-249 Major Change to Approved Plat 1000 per s bmit al 4. Final Plat. Final plats are required for all previously unrecorded lot subdivision plats, parcel plats, amended plats and line modification plats. 5. Recordation. After the director of planning or planning commission has provided comments on the final plat, the subdivider may submit the final plat for recordation. Once the final plat has been recorded, lots or parcels in the subdivision may be sold. 6. Changes. Changes to subdivision applications shall be as provided in Sec. 17-26. 000 Sec. 17-22. Preliminary conference and concurrentreview. A. A subdivider may request a voluntary preliminary conference with the plans review team prior to submitting preliminary plat, construction plan or final plat applications. The purpose of the preliminary conference is to expedite application review by identifying and resolving project - specific major development issues prior to initial application. The preliminary conference shall address, at a minimum, the following areas: 1. Environmental 2. Fire and Life Safety 3. Transportation 4. Utility capacity/connection 5. Zoning/conditions of zoning B. The subdivider and the subdivider's design professional shall attend the preliminary conference and must submit, at least one week before the conference, at least five full-sized copies of a draft plat or plan incorporating sufficient detail to depict the subdivision proposal and to evaluate the major areas listed above. C. Plats or plans submitted within six months after a preliminary conference in accordance with this section shall be provided a concurrent review between county and state agencies. Me] Sec. 17-24. Posting of public notice. A. Upon receipt of a complete application the director of planning shall post a sign on the subject property to inform the public of such application when submitted for: • preliminary plat, • preliminary plat incorporating Major Changes as defined in Sec. 17-85, 15-250 04/15/15 9 I R • construction plan, or final plat if no construction plan is required, for a lot subdivision of 50 lots or fewer when the developer has chosen not to submit a preliminary plat; and • exception in accordance with Sec. 17-8. The notice provided for by this section shall be posted upon the subject property and at reasonable intervals along streets abutting the subject property, or, if there is no abutting street, then at the proposed street access(es) to the property. The notice shall be posted in locations reasonably visible from abutting street(s). 000 Sec. 17-40. Preliminary plat review and approval process. A. Preliminary Required. Preliminary plats shall be required for any lot subdivision involving more than 50 lots or as required by a condition of zoning. Preliminary plats for subdivisions involving 50 or fewer lots shall be submitted where required by zoning approval or at the discretion of the subdivider. Preliminary plats whether required or voluntary shall be submitted to the director of planning and shall be subject to the provisions of this chapter. If required by section 17-42, an overall conceptual plan in accordance with this chapter shall accompany a preliminary plat application. Prior to submission of a final plat or construction plans the applicable preliminary plat shall be approved. 000 Sec. 17-42. Overall conceptual plan. An overall conceptual plan shall be submitted when: 1. required by zoning, 2. proposed subdivision of land includes phases for future development to include residential, nonresidential or a mixture of both; or 3. proposed subdivision is located within the bounds of a zoning approval, that involves phases for development to include, residential, nonresidential or a mixture of both which have not received schematic plan approval and the full area within such zoning approval is not encompassed by submitted preliminary or final plat. If an overall conceptual plan is not required by this chapter, a subdivider may submit such plan separate from other review applications. Approval of an overall conceptual plan shall be required prior to the approval of preliminary plat, application for construction plan or submission of final plat for any subdivision for which an overall conceptual plan is required or submitted. Sec. 17-43. Overall conceptual plan process and required information. A. Overall conceptual plan. The overall conceptual plan shall: 15-251 04/15/15 1. Indicate the portion of the plan covered by any pending preliminary plat, construction plan or final plat application; 2. Incorporate all area up to the limits of the parcel(s) controlled by conditions of zoning for the development; 3. Incorporate valid preliminary and recorded final plats located within its boundaries; and 4. Be updated and submitted with each required preliminary plat resubmittal. For the final phase of development, the overall conceptual plan may not be required to be updated if agreed upon by the plans review team during a discussion of the final phase at a preliminary conference. 5. The overall conceptual plan shall be drawn at a scale that will fit on a single 24 inches by 36 inches plan sheet, and provide the following information: a. Pods with approximate acreage, proposed use, and density. b. Phasing lines. c. Information specified for overall conceptual plan in Sec. 17-56 Secs. 17-44--17-45. Reserved Sec. 17-46. Final plat purpose and types. The final plat, once approved and recorded with the circuit court, serves to modify, create or transfer property as provided by the individual plat and in accordance with this chapter. To accomplish this there are several processes available for a potential subdivider based upon applicable criteria. A final plat shall be required for any unrecorded lot or residential parcel subdivision. 1. Construction plans: Construction plan review and approval shall be the first step of the final plat process. Construction plans are intended to show graphically improvements and facts needed for the director of planning and state agencies to determine whether the development of the proposed subdivision is in compliance with the approved preliminary plat, state law, the Code and provisions of this chapter. Construction plans shall be required for subdivisions that include engineered improvements, at the determination of the directors of environmental engineering, planning, or utilities. 2. Lot subdivision finalplat: A lot subdivision final plat shall be required for any unrecorded 15-252 04/15/15 91 9 lot subdivision plat in accordance with Secs. 17- 48.--17-50. 3. Residential parcel subdivision final plat: A residential parcel subdivision final plat involves the subdivision of land for which a preliminary plat is not required, into two or more parcels each being five acres or more in accordance with the provisions of Sec. 17-51 and Sec. 17-85. If construction plans are required, this plat shall serve as the last step in the final plat process. 4. Family subdivision final plat: A family subdivision final plat provides for the subdivision of land for eligible family members through the parcel plat process in accordance with Sec. 17-52 and Sec. 17-85. If construction plans are required, this plat shall serve as the last step in the final plat process. 5. Amended final plat: An amended final plat is an alteration of a recorded plat which does not involve property line changes as provided in Sec. 17-85. Such plats shall be reviewed under the lot subdivision plat process or parcel plat process, as applicable. 6. Line modification final plat. A line modification final plat involves the adjustment of one or more lots or parcels within a recorded subdivision plat, provided that such changes do not create any additional lot(s) or parcel(s) in accordance with Sec. 17-26 and Sec. 17-85. Sec. 17-47. Construction plan process. A. Construction plan required. Construction plans are required for subdivisions that include engineered improvements, at the determination of the directors of environmental engineering, planning, or utilities. B. Procedure. 1. Prior to submittal of construction plans for residential lot subdivisions, overall conceptual plan or preliminary plat approval shall be obtained as applicable. 2. For parcel plats which require construction plans, such review may be concurrent with final plat review. 3. The following shall be provided for construction plan review: a. An application form containing basic subdivider and project information, pursuant to the administrative procedure of the director of planning. In addition, for lot subdivisions for which a preliminary plat has not been approved, any applicable items required for preliminary plat as provided in Sec.17-41 and Sec. 17-56 shall be provided on the construction plan. 15-253 04/15/15 b. Sets of construction plans consistent with administrative procedures. C. Applicable stormwater management and water quality fees as required by Sec. 8-15 and Sec. 8-30 of the Code. C. Approval. Approved construction plans shall be valid for five years from the date of approval. Sec. 17-48. Lot subdivision final plat process. A. Eligibility and Procedure. 1. For lot subdivisions involving a preliminary plat or overall conceptual plan review, prior to submitting a final plat application and plat, the subdivider shall obtain required approvals. 2. If construction plans are required, such plans shall have been deemed substantially approvable for all areas depicted on the final plat prior to submittal. However, such construction plans must be approved prior to any plat recordation. 3. Preliminary plat and construction plan approval must be unexpired prior to final plat application submittal. However, preliminary plat approval may expire after final plat application submittal without affecting the validity of the final plat application. 4. Unless otherwise specified, subdivision final plats shall be reviewed and approved under the administrative review and approval procedure set forth in this chapter. A final plat may be reviewed by the planning commission at the direction of the director of planning if the subdivider and the director of planning differ as to the plat's compliance with the Code or conditions of zoning. B. Plat required. The subdivider shall prepare a subdivision final plat which is in accordance with the provisions of this chapter and provides, at a minimum, the information required in Sec. 17-49. Final plats may depict all or an approved phase or section of an approved preliminary plat and construction plans, provided that for any final plat: 1. Public improvements to be constructed in the area covered by the final plat are sufficient by and of themselves to accomplish a proper development and to provide adequately for the health, safety and convenience of the proposed residents, and for adequate access; and 2. The section limits of the final plat shall have a continuous boundary that encompasses the entire section in one contiguous parcel. 000 15-254 04/15/15 19 9 9 Sec. 17-49. Application and plat. no B. Plat requirements. 1. The final plat sheet (s) shall be 16 inches by 24 inches, or as otherwise provided by state law. Plats shall be drawn at a scale no greater than one inch equals 50 feet for residential townhouse subdivisions or one inch equals 100 feet for other subdivisions. Upon request, the director of planning may approve variations in scale. 2. The final plat sheet(s) shall be prepared, signed and sealed by an engineer or surveyor. Final plat shall be based upon field survey and not a compiled plat. 3. The final plat shall conform to requirements of the approved preliminary plat and construction plans. 4. The final plat shall contain the following certificates: a. Surveyor's certification stating "To the best of my knowledge and belief this plat is in compliance with all of the requirements as set forth in the ordinance for approving plats of subdivisions in Chesterfield County, Virginia. Monuments will be set by (insert date)." b. Subdivision certificate stating "The platting or dedication of the following described land (here insert a correct description of the land to be subdivided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any. All easements, streets and strips are of the width and extent shown and are dedicated to the county free and unrestricted by any previous agreements or easements except as noted on this plat as of the time of recordation. The dedication of easements to the county includes granting the right to make reasonable use of adjoining land for construction and maintenance of public facilities within the boundaries of easements shown thereon. All easements are for surface and underground drainage and underground utilities except as otherwise stated on this plat." If there is an easement granted for street light installation, it shall be included in this statement and read as follows "An additional easement of five feet on all lots adjacent to rights-of-way is dedicated to the County of Chesterfield for future street light installation." This statement shall be signed by such person(s) and duly notarized. C. Source of title signed by the preparer of the plat setting forth the source of the title of the owner(s) of the land subdivided, stating the date, deed book and page, and the place of record of the last instrument in the chain of 15-255 04/15/15 title. When the plat is of land acquired from more than one source of title, the outlines of the several parcels shall be indicated upon such plat. 5. A signature block shall be provided on the first sheet of the plat for the director of planning, director of environmental engineering, and planning department. Each additional sheet shall provide a signature block for the director of planning. 6. The final plat shall provide information specified in Sec. 17-56 and other information deemed necessary by the director of planning to achieve the purposes and standards of this chapter. Sea. 17-50. RESLRVSD ME Seca 17-61. Conformity to applicable requirements. All subdivision plats and plans shall comply with this chapter and the following, as applicable: 1. The provisions of the Code of Virginia §§ 15.2-2240-- 15.2-2279. 2. Chapter 8 of the Code, stormwater management and water quality ordinance. 3. Chapter 10 of the Code, fire protection ordinance. 4. Chapter 18 of the Code, water and sewers ordinance. 5. Chapter 19 of the Code, zoning ordinance. 6. Chapter 16 of the Code, streets, sidewalks and public places ordinance. MW Sec. 17-62. Standard conditions. The applicability of the following requirements will be determined at the time of subdivision plat approval. These requirements will be referred to as standard conditions without citing this subsection. 000 14. The subdivider shall place the following note on the final plats and enforce the restriction through covenants: "No structure embellishments will be allowed on right-of-way without the commitment of, or issuance of, a VDOT land use permit. Within the ten -foot clear zone (measured from the edge of the street pavement out ten feet), no structural embellishment will be permitted that is closer than three feet from the edge of pavement of the street or higher than six inches above the surface of the drive." Prior to approval of the preliminary plat or final plat for lot subdivisions not being reviewed through the preliminary plat process, 15-256 04/15/15 9 9 9 the subdivider will submit an acknowledgement of the condition regarding masonry embellishments within the VDOT clear zone, on a form available from the department of environmental engineering. This acknowledgment is the responsibility of the subdivider as the subdivider is ultimately responsible for the removal of clear zone encroachments in all new subdivisions. AM 20. Building envelopes as shown on the preliminary plat, along with any other directed by the plans review team, shall be placed on the construction plans and final plat. 000 Sec. 17-68. Easements. Easements for public use shall be provided, including, but not limited to: 1. Easements 16 feet in width for proposed or possible water, wastewater, and drainage improvements. Easements of greater width may be required by the director of environmental engineering for drainage purposes or by the director of utilities for utility purposes. 2. Easements eight feet in width shall be provided along the rear of the lot. 3. Easements eight feet in width along the side lot lines where the side property line is the rear of another lot. 4. Easements of variable width as required by VDOT for slope, drainage, and sight distance identified on construction plans. 5. Easements to address conditions of zoning or plan review approval. Am Sec. 17-76. Arrangement and Design. 000 H. Subdividers of all parcels or lots located at existing or proposed crossovers along collector and arterial streets, and any break in the median of an existing or planned divided street, shall submit and receive approval of a plan from the director of transportation which addresses access for the surrounding area. Such plan must be approved prior to preliminary plat approval or for a subdivision not submitting a preliminary plat, prior to any construction plan approval. The director of transportation may require the subdivider to provide access to adjacent properties. 000 15-257 04/15/15 Sec. 17-82 Sidewalks. Subdividers shall provide sidewalks in accordance with the planning commission residential sidewalk policy on all streets where they qualify for VDOT or county maintenance, and any additional or other locations if required as a condition of zoning or schematic plan approval, or as a requirement of VDOT. Exceptions to the planning commission residential sidewalk policy shall be at the discretion of the planning commission or directors of transportation, planning and environmental engineering. Sidewalk requirements shall be determined through the plan review process as determined by the county. The sidewalks shall be shown on the preliminary plat, construction plan and if required on the overall conceptual plan. Construction may be phased as approved by the county, but as a minimum, shall be bonded and constructed with each section recorded where the sidewalk is located. The subdivider shall construct all sidewalks required by the planning commission residential sidewalk policy per the design standards contained herein. Where sidewalks qualify for maintenance by VDOT or the county, they shall be designed and installed in accordance with VDOT standards. For all private sidewalks, the subdivider shall demonstrate long term maintenance responsibility in accordance with Sec. 19-559. Sec. 17-85. Definitions. Am Me Overall conceptual plan: A plan depicting the general layout of streets, pods, major utility lines and drainage facilities as specified in this chapter. [� I I, Residential parcel subdivision: The division of any parcel of land for residential use into two or more parcels, all of which are five acres or more subject to the provisions of this chapter $W# Subdivision: The division of any parcel of land in A, R, R-TH or MH -2 Districts, or any other district permitted by zoning for residential uses, for residential use into two or more lots or parcels, or any division within these districts for residential use which creates or extends a street. no (2) That this ordinance shall become effective immediately upon adoption. And, further, the Board adopted the following ordinance: 15-258 04/15/15 9 9 9 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19-62, 19- 105, 19-240.2, 19-261, 19-521, 19-523, 19-526 AND 19-551 OF THE ZONING ORDINANCE RELATING TO LOT SUBDIVISIONS THAT ARE NOT SUBJECT TO THE PRELIMINARY PLAT SUBDIVISION PROCESS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-62, 19-105, 19-240.2, 19-261, 19- 521, 19-523, 19-526 and 19-551 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: Chapter 19 ZONING M Sec. 19-62. Additional provisions relative to flood hazard mitigation. Within the special flood hazard areas, the following additional provisions shall be met: (a) All electric water heaters, electric furnaces and other critical electrical installations shall be permitted only at elevations at least one foot above the base flood elevation. (b) Water supply systems, sanitary waste water systems and gas and oil supply systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the systems into floodwaters. Design and construction shall be in accordance with requirements of the Virginia Uniform Statewide Building Code. (c) Adequate drainage shall be provided to minimize exposure to flood heights. (d) The preliminary plat, or the construction plan if a preliminary plat was not submitted, shall include a map showing the location of the proposed subdivision and/or land development with respect to any designated floodplain district, including information on, but not limited to, the base flood elevations, boundaries of the floodplain districts, proposed lots and sites and fills and areas subject to special deed restrictions. (e) A building permit application shall include the location of the base flood, if previously determined. 000 15-259 04/15/15 Sec. 19-105. Required conditions. MM (m) Common area. A minimum of 30 percent of total gross acreage shall be provided as common area. Except where groups of lots front or abut a public street, a common area that is a minimum of five feet in width shall be provided adjacent to all groups of lots. Common area shall include designated land conveniently accessible within the development suitable for recreational use by the occupants. Common area shall be not less that 10 percent of the total gross acreage of the project, and in no event shall total less than 1 M acres. Recreational facilities, including active and passive recreation and community buildings shall be provided, as deemed appropriate during plan review approval. Unless a phasing of recreational facilities is approved through preliminary plat, required recreational facilities shall be completed prior to issuance of building permits for townhouses. Where a phasing of recreational facilities is approved through a preliminary plat, the issuance of building permits for townhouses shall be in conjunction with the approved phasing of recreational facilities in accordance with the approved preliminary plat. MM Sec. 19-240.2. Canopy requirements. 000 (b) Tree canopy master plan. (1) All preliminary subdivision plats, and all final plats for which a preliminary plat was not submitted, which are submitted after December 11, 2013 shall include a tree canopy master plan for review and approval. Mwe Sec. 19-261. Schematic plans. (a) Unless a master plan or similar plan has been approved at the time of zoning approval, a schematic plan shall be submitted for any project containing a mixture of residential and nonresidential uses. Prior to site plan approval, preliminary plat approval, or final plat approval if a preliminary plat was not submitted, the schematic plan shall be approved by the planning commission. 000 Sec. 19-521. General provisions for buffers and screening. on (k) Except for buffers required by the board of supervisors as a condition of zoning or by the board of zoning appeals, the requirements for buffers required by Sec. 19-523.B. may be waived and/or modified during subdivision 15-260 04/15/15 9 19 9 plan review and approval under any of the following conditions: 000 (3) Subsequent to preliminary plat approval or construction plan approval if a preliminary plat was not submitted, the director of transportation and the director of planning may administratively authorize modification to buffer widths adjacent to publicly funded collector or arterial road projects up to a maximum of 20 feet along an arterial road and 10 feet along a collector road to facilitate public easements and/or right-of-way. In no case shall the buffer width be reduced to less than 25 feet within which no easement encroachment is permitted. 000 Sec. 19-523. Buffer width and landscaping requirements. B. Buffers adjacent to roads for lot subdivisions. Unless otherwis specified, for property located within a lot subdivision, as define in Chapter 17, the required width and planting density of buffer adjacent to roads shall be determined through this table. Within each of the designated areas, the left column represents the road classification, the middle column represents the required buffer width, and the right column designates the required landscaping to b provided within the buffer. Upper Swift Creek Special Buffer All other areas [1� Area for Lot Subdivision approved after October 2007 Buffer Equivalent Buffer Equivalent Road Width Perimeter Road Width Perimeter Classification Landscaping Classification Landscaping [2] [31 [2] [3] Residential 30 1.8 x B Residential 30 1.8 x B ollector Collector Collector 35 2.1 x B Collector 35 2.1 x B Arterial 100 3 x B Arterial 50 3 x B [1] For lots recorded on or after February 28, 2001. Lots recorde prior to that date shall comply with applicable conditions o development approval. [2] Post construction vegetation shall be equivalent to th multiplier times the Perimeter Landscaping B requirements of Sec 19-518 of the Code. For buffer widths not specified, treatment shall meet the standards of the next highest buffer width and in n case shall it exceed 3 x B. [3] Required plantings may be modified or reduced as provided in section 19-521. 000 000 Sec. 19-526. Crossovers. (a) A crossover, as used in this article, shall mean any break in the median of a divided road. 15-261 04/15/15 (b) Developers of all parcels or lots located at existing or proposed crossovers shall submit a plan which addresses accef h ss or t e surrounding area to the director of transportation for approval, prior to approval of site plan, preliminary plat or construction plan for lot subdivisions not submitting a preliminary plat. The director of transportation may require the owner(s) of such parcels or lots to provide shared access to adjacent properties by easements and/or public rights-of-way. ME Sec. 19-551. Street frontage required --Residential and Agricultural. (a) Lots or parcels located within Residential or Agricultural districts shall be subject to the following street frontage requirements: (1) Unless otherwise specified in this chapter, any lot or parcel, used in whole or in part for dwelling purposes, shall have at least 50 feet of frontage on a street. (2) After February 27, 2001, for lots within a lot subdivision as defined in Chapter 17, the required frontage shall be at least 50 feet upon a local street provided that such frontage may be reduced to 30 feet on the bulb of a permanent cul-de-sac, at the radial terminus of a loop street, or on the flagpole portion of a flag lot. (3) Lots or parcels created through the family subdivision provisions of Chapter 17 shall have a minimum of 15 feet of frontage on a street. (4) Unless otherwise specified in this chapter, where lots are permitted to front on arterial, collector or residential collector streets, the minimum frontage shall be at least 50 feet and the number and location of driveways shall be approved by the director of transportation. (5) No lot or parcel abutting the terminus line of a public street shall be considered to have frontage unless it has frontage on a recorded cul-de-sac of at least 30 feet or is located along the terminus line of a stub street as defined in Sec. 17-85 of the Code, provided that the stub street is not anticipated to be extended and is approved as frontage, through the preliminary plat review process. KIM (2) That this ordinance shall become effective immediately upon adoption. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-262 04/15/15 9 9 16.B. TO CONSIDER THE ETTRICK VSU SPECIAL AREA PLAN AMENDMENT 16.C. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO ETTRICK SPECIAL DESIGN DISTRICT STANDARDS Mr. Haasch stated this date and time has been advertised for the Board to consider the Ettrick VSU Special Area Plan amendment and amendments to the County Code relative to Ettrick Special Design District Standards. He further stated Moving Forward—The Comprehensive Plan for Chesterfield County identifies nine special area plans that should be completed to provide additional detailed planning beyond the recommendations of the countywide plan. He stated the draft Ettrick VSU Special Area Plan is the first of these area plans completed since the adoption of the countywide plan, and is a result of a coordinated team approach. He further stated staff from many different departments has worked diligently and cooperatively to identify improvements and recommendations that will enhance the Ettrick area into the future. He stated staff has also worked closely with the leadership of Virginia State University to make sure the county's and the university's goals align. He further stated the special area plans are designed to complement and provide further details over the guidelines in the countywide Comprehensive Plan. He stated the draft plan recommends that new ordinances be adopted to implement the design guidelines outlined in the plan. He noted the ordinances will apply to commercially zoned property as new development occurs within the plan geography. Mr. Elswick called for public comment. Mr. John McEwen, Matoaca District resident, urged the Board to keep Ettrick's extensive history in mind when making a final decision. Dr. Loknath Shandilya, practicing physician to an area clinic, expressed his support of the proposal and high expectations of the positive transformation to the area. Dr. Robert Turner, executive director of the Virginia State University Foundation, stated by approving the special area plan, a scenario will be created through infrastructure improvements, that will enhance the revitalization of Ettrick Village in the short term and will have also have an impact on economic development in the long term. Mr. Donald Colbert, Matoaca District resident, expressed concerns with lack of community meetings regarding the special area plan and plans to change his neighborhood from residential to high-density residential. Ms. Jarica Davis stressed development in the area and State University students. the importance of economic to appeal to future Virginia There being no one else to address the issue, the public hearing was closed. Mr. Mincks noted the Board would need to vote separately on the special area plan and ordinance amendments. 15-263 04/15/15 In response to Mr. Elswick's question regarding East River Road construction, Mr. Smith stated road construction is due to be completed prior to November 2015. In response to Mr. Elswick's question, Mr. Haasch stated Chesterfield Avenue is recommended in the plan to have the mixed-use component affronting on Chesterfield Avenue. He further stated it would be hard to have single-family neighborhoods hard up against the four-story mixed-use buildings, so in order to transition from those mixed-use buildings down into the surrounding neighborhoods behind Chesterfield Avenue, a different land use recommendation would be warranted to transition down. He stated high- density residential is being proposed behind Chesterfield Avenue, which could take the form of townhomes and condominiums; however, that zoning would take place on a case-by-case basis. He noted the plan does not change the existing zoning in place currently. Mr. Pritchard assured the Board the plan does not require area citizens to redevelop and/or sell their property. Mr. Elswick noted plans to move the Ettrick Fire Station were already being proposed simply because the current station cannot house the types of apparatus needed to protect the community. He stated numerous community meetings were held relative to the special area plan. Mr. Elswick then made a motion, seconded by Mr. Warren, for the Board to approve the final draft of the Ettrick VSU Special Area Plan amendment. Ms. Jaeckle requested that the change be made relative the revitalization and/or relocation of Ettrick Elementary School. She stressed the importance of having an elementary school in the heart of college student housing. She urged staff to analyze other locality grade schools within college boundaries and their influences. Mr. Holland reiterated his strong support of the special area plan. He stated the addition of the plan will have a significant impact on economic development in the area, as well as Virginia State University. He applauded Mr. Elswick and Dr. Wallin for their efforts to move the plan forward. He stated having an elementary school nearby could be an asset to college students of VSU. In response to Mr. Holland's question, Mr. Bowling stated staff met with the director of Planning and director of Economic Development for the City of Petersburg. He further stated they believed the special area plan was interesting and mirrored plans for a specific area in the city. Mr. Warren stated the proposed area is one of the gateways of Ettrick. He commended Mr. Elswick for his tremendous efforts to move the plan forward and expressed his support of the plan. Mr. Elswick noted the expectation to renovate or replace the Ettrick Elementary School. He stressed the importance of working with the community and the school division in order to make a final decision relative to the elementary school. 15-264 04/15/15 9 PC 19 Mr. Elswick called for a vote on his motion, seconded by Mr. Warren, for the Board to approve the final draft of the Ettrick VSU Special Area Plan amendment, as amended, to include the revitalization and/or relocation of Ettrick Elementary School. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Elswick made a motion, seconded by Ms. Jaeckle for the Board to adopt the following ordinance amendment relative to Ettrick Special Area Design District standards: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19-42, 19-99, 19-131, 19-145, 19-152, 19-159, 19-509.1, 19-513, 19- 514.1, 19-600, 19-606, 19-608, 19-609, 19-611, 19-621, 19- 622, 19-623, 19-634, 19-635, 19-636, 19-637, 19-638, 19-640, 19-645, AND 19-649 OF THE ZONING ORDINANCE RELATING TO THE ETTRICK SPECIAL DESIGN DISTRICT. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-42, 19-99, 19-131, 19-145, 19-152, 19- 159, 19-509.1, 19-513, 19-514.1, 19-600, 19-606, 19-608, 19- 609, 19-611, 19-621, 19-622, 19-623, 19-634, 19-635, 19-636, 19-637, 19-638, 19-640, 19-645, and 19-649 of the Code of the County of Chesterfield, 1997, as amended, are amended and re- enacted, to read as follows: Chapter 19 ZONING JAM Sec. 19-42. Special districts. The districts outlined in section 19-41 may also lie within special districts. Those special districts include: floodplain districts, Chesapeake Bay preservation areas, the Upper Swift Creek Watershed, highway corridor districts, emerging growth districts, post development districts, village districts, special design districts, and historic districts and landmarks. JM11 Sec, 19-99. Required conditions. The conditions specified in this section shall be met in the R-7 District: (c) Front yard. Unless otherwise specified the minimum setback shall be 30 feet. For lots located along cul-de-sacs, the building setback around the bulb of the cul-de-sac may be reduced to not less than 25 feet. However minimum setbacks for any lot shall be increased where necessary to obtain the required lot width at the front building line. If applicable, 15-265 04/15/15 the additional setback requirement must be noted on the final plat. Notwithstanding the above, for lots located within the boundaries of the Ettrick Special Design District as shown on the zoning maps the following front yard setbacks shall apply: • Between contiguous developed lots, front yard setback may be reduced to the least front yard setback of any principal building on any adjacent lot; or • For other lots, front yard setback may be reduced to that of any principal building on the same side of the street within 200 feet of the lot. Mwe Sec. 19-131. Uses permitted with certain restrictions. The following uses shall be permitted in the 0-1 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 (i) Single-family dwellings, provided that: (1) The dwellings are located in the Matoaca Village Core (MAVC) . (2) The dwellings are located on lots of not less than 7,000 square feet in area and not less than 50 feet in width. These dwellings shall be exempt from Division 3, Development Requirements - Office, Commercial and Industrial, except for setback requirements, and except for architectural treatment (section 19-611). (j) A single dwelling unit incorporated into a building with a permitted nonresidential use, provided that the dwelling unit is located in the Ettrick Special Design District. AM Sec. 19-145. Uses permitted with certain restrictions. The following uses shall be permitted in the C-1 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: MW (f) Commercial parking lots provided they arewithin the Ettrick Special Design District. 15-266 04/15/15 19 W, M Sec. 19-152. Uses permitted with certain restrictions. The following uses shall be permitted in the C-2 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: Mmi (i) Prepared food and fruit and vegetable vendors, provided that: (1) The use shall occur no more frequently than three days in any seven-day period beginning on Monday and ending on Sunday, provided that the use shall not occur more frequently than three consecutive days. (2) only prepared food and fruits and vegetables shall be sold. (3) The use shall be permitted only on a lot or parcel occupied by a permanent use. (4) A stand, not to exceed 200 square feet in area, and one properly licensed, inspected and operative truck or other vehicle may be placed or parked onsite, when utilized by the vendor. (5) The use shall be permitted only where improved permanent parking facilities are available and the required minimum and most convenient parking spaces for the existing permanent use shall not be used. (6) Any temporary structure, vehicle, sign or other material associated with or resulting from the use shall be removed from the lot or parcel no later than 24 hours following the end of each sales period. (7) All vendor areas shall be located a minimum of 100 feet from any property in an R, R-TH or R -MF District or any property currently zoned agricultural and designated for residential use on the comprehensive plan unless the sales area is separated from such property by a permanent building. All such vendor areas shall be located in accordance with the district's minimum setbacks, except that in the Ettrick Special Design District the use may also be located within permitted hardscaped pedestrian areas. (8) Hours of operation for vendors shall be restricted to the hours of operation of the permanent use on the lot or parcel. NMI Sec. 19-159. Uses permitted with certain restrictions. The following uses shall be permitted in the C-3 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following 15-267 04/15/15 restrictions cannot be met, these uses may be allowed by conditional use, subject to the provisions of section 19-13: (f) Motor vehicle sales and rental, excluding commercial vehicles such as buses, tractor -trailer trucks, dump trucks, stake bed trucks, vans where the cargo area cannot be accessed from the driver's seat without exiting the vehicle and/or cab and chassis vehicles; construction equipment and motor vehicle consignment lots, and as accessory to sales and rental, service and repair, to exclude body repair, provided that: (1) Motor vehicle service and repair is not located in any of the areas identified as part of Chester Village in section 19-606. (2) All such uses shall be set back a minimum of 100 feet from adjacent R, R-TH, R -MF and O Districts or A Districts that are shown on the comprehensive plan for R, R-TH, R -MF or O use. This setback shall be landscaped according to section 19-522(a)(4) of the Development Standards Manual. (3) Storage yards for vehicles awaiting body repair, painting, auction or wholesale sales shall be screened from view of any adjacent properties on which such yards are not permitted or do not exist, and from external public roads or areas currently zoned agricultural and shown on the comprehensive plan for residential or office use. (4) All garage -type doors shall be oriented away from, or screened from view of, adjacent residential or office zoned properties, external roads or areas currently zoned agricultural and shown on the comprehensive plan for residential or office use. (5) There shall be no elevated display of motor vehicles. (6) Except for minimal repairs necessary to allow a vehicle to be moved into the service area, all allowed repair activities and storage of new or replaced repair materials shall occur inside the buildings unless screened as required by Section 19-159(h). (7) Motor vehicle sales is not located in Village Districts as identified in Section 19-606 or the Ettrick Special Design District. (8) Such use is not located within a shopping center unless the use was in existence prior to May 26, 2004. MW Sec. 19-509.1. On -street parking in a TND District or Ettrick Special Design District. Except along roads identified on the county's Thoroughfare Plan, improved, designated parking spaces in a public right- of-way may be counted toward the required number of parking spaces for each use within a TND District or the Ettrick Special Design District when more than one-half of each such space resides in front of the use. However, parking spaces in a public right-of-way shall not be designated in any way for a use. On -street parking spaces not in front of a use 15-268 04/15/15 Fl� 9 N may be counted toward the required number of parking spaces within an overall block. mm Sec. 19-513. Parking spaces required. Except as provided for in sections 19-510(c) or 19-608(a), the minimum number of parking spaces to be provided for each use shall be as follows: Use Number of Spaces (a) Residential and Lodging: (1) Except as noted in subsections 2 and 3, dwellings, to include 2 for each dwelling unit. Townhouse single-family, two-family, developments shall provide 1 multifamily, townhouses and additional space for each 5 manufactured homes outside of MH -1 dwelling units as guest parking. zoning districts (2) Dwellings, multifamily restricted to "housing for older persons" as defined in the Virginia 1.2 spaces for each dwelling unit Fair Housing Law with no persons under 19 years of age domiciled therein. (3) Dwellings, multifamily 0.8 spaces for each dwelling unit assisted living (4) Motels, hotels, boardinghouses 1 per bedroom Add 1 per 150 square feet for such with lounges/restaurant area With meeting facilities Add 1 per 3 seats for such area (5) Rest homes and nursing homes 1 for each 4 beds (b) Educational Schools: (1) Colleges, universities, senior 1 for each employee, plus 1 for high schools (grades 10--12) each 6 students (maximum at 1 time) (2) Elementary and junior high 5 plus 1 for each employee schools (grades 1--9) 1 for each 20 children enrolled up (3) Nursery schools and child care to a maximum of 6 spaces, plus 1 centers for each employee (see section 19- 514 (e) (2) ) (c) Places of Assembly: (1) Churches and funeral parlors 1 for each 4 seats (2) Clubs, lodges and assembly 1 for each 100 square feet of floor halls without fixed seats area used for assembly (3) Stadium and arenas 1 for each 4 seats (4) Theaters, auditoriums and other places of public assembly with 1 for each 3 seats fixed seats (d) Hospitals 1.5 for each bed (e) Recreational: (1) Driving ranges 1.2 for each driving tee (2) Golf courses 60 per 9 holes 3 for each hole for the first 18 holes, plus 2 for each hole for the (3) Miniature golf courses second 18 holes, plus 1 for each hole thereafter 1 for each 90 square feet of (4) Swimming pools combined swimming and wading areas (5) Tennis, racquetball, squash 4 for each court and handball courts (6) Volleyball courts 12 for each court (7) Indoor athletic fields without 45 spaces for each field spectator seating (8) other indoor commercial 1 for each 200 square feet of gross 15-lby 04/15/15 Use I Number of Spaces recreational facilities Ifloor area 1 (9) Go kart, bumper boats and 1 for each 3 boats/karts that can similar facilities be accommodated on the track/water at any one time (10) Sports/play fields 30 for each field (f) Vehicle Sales and Service: (1) Self-service gasoline stations (2) Motor vehicle service stations (3) Vehicle sales, service and rental establishments (to include bicycles) (g) Office and Business: (1) Building supply or home centers (2) Furniture and appliance store (3) Kennel, commercial (4) Offices: a. Buildings have a gross floor area of 10,000 square feet or less b. Buildings having a gross floor area in excess of 10,000 square feet, but less than 50,000 square feet C. Buildings having a gross floor area in excess of 50,000 square feet, but less than 75,000 square feet d. Buildings having a gross floor area of 75,000 square feet or greater (5) Restaurants (6) Drive-in and/or fast-food restaurants (7) Retail stores, personal service and repair shops, banks, etc. (8) Shopping centers or similar retail groups of buildings (h) Business and Industrial: (1) Mini -warehouses (2) Office warehouses, when the office space is less than 50 percent of the gross floor area of the building and retail uses are permitted as an accessory use or if office space is more than 50 percent and retail uses are not permitted 1 for each 200 square feet of gross floor area for attendant's booth store, etc. L' 3 plus 3 for each service bay 1 per 400 square feet of enclosed sales, rental, office and parts floor area, plus 1 for each 2,500 square feet of open sales/rental display lot area, plus 3 for each service bav 1 for each 400 square feet of gross floor area located within a building plus 1 per 2,000 square feet of outside storage 1 per 750 square feet of gross floor area 1 for each 500 square feet of gross floor area, 5 spaces minimum 1 for each 200 square feet of gross floor area, 5 spaces minimum'I 1 for each 200 square feet of gross floor area for the first 10,000 square feet of gross floor area plus 1 for each 250 square feet in excess of 10,000 square feetI 1 for each 200 square feet of gross floor area for the first 10,000 square feet of gross floor area plus 1 for each 250 square feet for the next 40,000 square feet, plus 1 for each additional 300 square feet in excess of 50,000 square feetl1 1 for each 200 square feet of gross floor area for the first 10,000 square feet of gross floor area, plus 1 for each 250 square feet for the next 40,000 square feet plus 1 for each additional 300 square feet for the next 25,000 square feet plus one for each additional 400 square feet in excess of 75,000 square feet(" 1.5 per 100 square feet of gross floor area -U-3 2 per 100 square feet of gross floor area, 15 spaces minimum1 1 per 200 square feet of gross floor area [13 4.4 per 1,000 square feet of gross floor areal -13 1 per employee, 5 spaces minimum 1 per 400 square feet of gross floor area 15-270 04/15/15 9 19 Use Number of Spaces (3) Office warehouses, when the office space is more than 50 percent 1 per 300 square feet of gross of the gross floor area of the floor area building and retail use is permitted as an accessory use (4) Office warehouses, when the office space is less than 50 percent 1 per 750 square feet of gross of the gross floor area and there is floor area no retail space 1 per employee up to 300, plus 1 (5) Manufacturing and industrial per 2 employees in excess of 300; plants, including related offices, spaces to be computed based on laboratories, warehouses and storage maximum number of employees on site at any one time (6) Laboratories, research and 1 per 300 square feet of gross development facilities, other than floor area those related to manufacturing 1 per employee, plus 1 per 200 square feet of gross floor area for (7) Warehousing, wholesaling front counter sales and stock area, houses and distributors plus 1 per company vehicle (spaces to be computed on maximum number of employees onsite at any one time) 1 for each 3 boats/karts that can (8) Go kart, bumper boats and be accommodated on the track/water similar facilities at any one time (9) Sports/play fields 30 for each field (i) Other: (1) Ambulance service or rescue 3 per motor vehicle operated for squad such use 1 per 200 square feet of gross floor area located within a (2) Greenhouses, nursery centers, building plus 1 per 700 square feet lawn and garden centers of gross area located in greenhouses or open storage/growing areas (3) Prepared food and fruit and 5 for each vendor vegetable vendors [ll In the Ettrick Special Design District, 2.2 parking spaces per 1,000 square feet of gross floor area for the use shall be provided. WE Sec. 19-514.1. Design standards for parallel parking. Parallel parking may be used for required parking off-street, and on -street in village districts, the Ettrick Special Design District and the TND zoning district. Spaces shall be legibly striped to be seven (7) feet wide and twenty-two (22) feet long with 4 inch white lines perpendicular to the curb or edge of pavement. ME Sec. 19-600. Areas of applicability and exemptions. The post -development areas shall include all lands as specified herein and which are located in office, commercial, business and industrial districts. Post -developed areas shall include: MM ME 15-271 04/15/15 Sec. 19-606. Areas of applicability and exemptions. The village district shall include all lands specified in this section. (1) The Midlothian Village Core, comprised of all that shown on the Chesterfield County zoning maps as Midlothian Village Core or MVC. (2) Midlothian Village Fringe, comprised of all that area shown on the Chesterfield County zoning maps as Midlothian Village Fringe or MVF. (3) Chester Village Core, comprised of all that area shown on the Chesterfield County zoning maps as Chester Village Core or CVC. (4) Chester Village Fringe East, comprised of all that area shown on the Chesterfield County zoning maps as Chester Village Fringe East or CVFE. (5) Chester Village Fringe West, comprised of all that shown on the Chesterfield County zoning maps as Chester Village Fringe West or CVFW. (6) Chester Village Corridor East, comprised of all that shown on the Chesterfield County zoning maps as Chester Village Corridor East or CVCE. (7) The Bon Air Village, comprised of all that area shown on the Chesterfield County zoning maps as Bon Air Village District or BAVD. (8) The Matoaca Village Core, comprised of all that area shown on the zoning maps as Matoaca Village Core or MAVC. mm Sec. 19-608. Exceptional development standards. (a) Parking: Parking requirements in the village district for indoor commercial recreational facilities; self-service gasoline stations; office buildings of up to 26,500 square feet; restaurants, including fast-food and drive-in restaurants; retail stores; personal services; repair shops; banks; greenhouses; nursery centers; and lawn and garden centers shall be based on the requirements for shopping centers or similar retail groups of buildings as set forth in section 19-513. Improved, designated parking spaces in a public right-of-way may be counted toward the required number of parking spaces so required 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 sidewalk or other pedestrian walkway system that connects to existing walkways or that may be connected to future walkways. In addition if approved by the director of planning, in the Bon Air Community as defined in Section 19-600, a business may reduce the required number of onsite parking spaces by pro -rata if it has an agreement with another entity permitting off-site parking on a lot located within the Bon Air Community boundaries or within 1000 feet of the Bon Air Community boundaries. All other requirements 15-272 04/15/15 9 9 19 of division 1, subdivision II of this manual shall apply as described. (b) Landscaping: (1) All Midlothian Village Areas: Landscaping within setbacks along rights-of-way shall conform to the recommendations set forth in The Village of Midlothian Technical Manual dated September 1991. (2) All other village districts: At least one large deciduous tree, as defined in section 19-518 (b) (2) , shall be included in each landscaped area, in lieu of the one small tree required by section 19-519(b). All other landscaping requirements of sections 19-519, 19-609 and 19-610 shall apply in all village districts. (c) External lighting: Except for lamps attached to a building, the maximum height for lampposts shall be 20 feet. Lamps attached to a building shall be no higher than the roofline or parapet wall. 000 000 Sec. 19-609. Setback requirements for O and C Districts. IN mme Sec. 19-611. Architectural treatment. (a) Within the Matoaca Village Core: (1) New development shall be compatible with the pedestrian scale and historic village character of Matoaca Village. New or altered buildings should be generally consistent in height, scale, massing (shape) and materials with existing structures in the village. (2) All new buildings and building additions shall be compatible with late 19th or early 20th Century residential architecture. Design features shall include, but not be limited to, style, articulation, size and location of doors and windows, architectural ornamentation, and use of materials such as brick and/or siding for exterior walls and asphalt shingle, simulated slate and/or standing seam metal for roofs. Nothing in this section shall preclude the use of imitation or artificial materials or elements, so long as such materials and elements are similar in appearance, style, detail and design to the materials used in late 19th or early 20th Century residential architecture. (3) Architectural treatment of all buildings shall be compatible with buildings located within the same block or directly across any road, as determined by the Director of Planning. At locations where the existing buildings do not conform to late 19th or early 20th Century residential architecture, the Director of Planning may approve a new architectural treatment or theme. Compatibility may be 15-273 04/15/15 achieved through the use of similar building massing, materials, scale, colors or other architectural features. (4) Buildings adjacent to River Road or Pickett Avenue provide a pedestrian entrance from River Road or Pickett Avenue and shall appear to have a main entrance facing the public right of way. On corner side yards, the building may front either right of way. (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, MH, R -MF 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 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. RIS Sec. 19-614--19-620. Reserved. woe Subdivision VI. Development Requirements—Ettrick Special Design District. Sec. 19-621. Purpose and Intent. The purpose and intent of the Ettrick Special Design District is to recognize the area's unique features and opportunities and to shape patterns of development in accordance with the goals, guidelines and recommendations of the Ettrick VSU Special Area Plan, a component of the comprehensive plan. The requirements are designed to foster creation of a densely developed, pedestrian friendly, mixed use environment in and around Virginia State University, the Ettrick Train Station and the surrounding residential community. 15-274 04/15/15 9 IE 9 N Sec. 19-622. Area of Applicability. The provisions of this subdivision apply to O, C and I zoned property within the Ettrick Special Design District as shown on the zoning maps. Sec 19-623. Development and Use Standards. A. Buildings and Parking Conditions. 1. Buildings and parking in the Ettrick Special Design District shall meet the requirements outlined in Table 19-623.A.1.: Table 19-623 A 1 0, C and I Districts- Ettrick Special Design District Building and Parking Required Conditions A. Building Setbacks (feet)"' /Required Perimeter Landscaping a. Limited access 40/C 1.Road type b.Chesterfield Avenue, Granger Street, Bessie Lane, and East River Road $[2][3] c. Other roads 15 2.Interior side yard 0 3. Rear yard 70 <B.Parking Setbacks(feet)1'3/ Required Perimeter Landscaping a.Limited access 40/C 1. Road type b.Chesterfield Avenue , Granger Street, Bessie Lane and East River Road [43 c . Other roads 15 151 2 . Interior side yard 0161 3 . Rear yard 0 163 C. Building�t`inimum Heights ���stories of 2 stories and a Maximum of the lesser or 60 feet. 15-275 04/15/15 Notes for Table 19-623.A.1. [1] Setbacks maybe impacted by Floodplain and Chesapeake Bay regulations. [2] At least one principal building in a project shall be set back as follows: • 75% or more of the fagade shall have a maximum setback of 15 feet; or • if a hardscaped pedestrian area extending from that portion of the building set back greater than 15 feet to the required 8 foot setback line is provided, less than 75% of the fagade, but in no case less than 50% of the fagade, shall have a maximum setback of 15 feet. [3] Canopies and awnings that create pedestrian arcades shall be permitted to encroach into the required setback and shall not be subject to the limits of Section 19-506. [4] Parking shall be set back as follows: • no closer to the road than the rear of the building; or • if there is no building, the greater of either '/2 the depth of the lot or no closer to the road than the rear fagade setback of the nearest building facing the road. Views of parking from roads shall either be minimized by a building, or 3 to 4 foot high decorative walls, fencing, evergreen hedges or a combination thereof. Hedges shall be maintained at a height of 3 to 4 feet. Walls, fencing and hedges shall be located as follows: • set back from the road at the minimum building setback; or • between the parking and any hardscaped pedestrian area located between the road and the parking area. [5] Parking shall not be located between the fagade of any building and the road. Views of parking areas from roads shall either be minimized by a building, or 3 to 4 foot high decorative walls, fencing, evergreen hedges or a combination thereof. Hedges shall be maintained at a height of 3 to 4 feet. Walls, fencing and hedges shall be located as follows: • setback from the road at the minimum building setback; or • between the parking and any hardscaped pedestrian area located between the road and the parking area. [6] Views of parking from adjacent property designated for single family residential use on the comprehensive plan shall either be minimized by a building, or 3 to 4 foot high decorative walls, fencing, evergreen hedges or a combination thereof. Hedges shall be maintained at a height of 3 to 4 feet. [7] Height limits are subject to Section 19-507. B. Other Required Conditions 1. Buffers. Buffers required by Section 19-523.A. shall not apply. 2. Architectural Compatibility Generally. Architectural treatment of buildings shall be compatible with buildings located within the Virginia State University campus so as to provide an overall cohesive character, as determined by the director of planning. Buildings shall enhance an overall cohesive character through the use of design elements including, but not limited to: materials, balconies or terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, cornice treatment, or other appurtenances such as decorative lighting fixtures. Buildings should be designed to impart harmonious proportions and avoid monotonous facades or large bulky masses. 3. Building Design. In addition to the requirements of Section 19-570, buildings within the Ettrick Special Design District shall comply with the following: 15-276 04/15/15 91 IE 9 a. Architecture. • The required second story shall extend the full frontage of the first floor facade and have a gross floor area not less than 500 of the gross floor area of the first story. The second story shall be set back from the road an equal distance to that of the first floor unless features such as balconies, outdoor dining or other similar amenities which can be used by pedestrians are employed along the fagade of the second story, in which case the second story may be set back up to 12 feet further from the road than the first story; • Excluding the area for windows and doors, a minimum of 75% of the fagade fronting a road and visible from a road shall be faced with brick, stone, or other materials similar in appearance to brick or stone; • Fagades visible from a road shall not be constructed of unadorned or unpainted concrete block, corrugated metal or sheet metal; and • Use of different materials on different facades shall be permitted, but architectural materials inferior in quality, appearance or detail to any other fagade of the same building shall not be used. b. Storefront Windows and Pedestrian Entrances. The first floor of any building located within 30 feet of a road shall incorporate storefront windows and pedestrian entrances that either connect directly to the sidewalk along the road or to a sidewalk that connects to the sidewalk along the road. A maximum of 10 linear feet along the front fagade of the principal building shall be without windows or pedestrian entrances. The bottom of windows shall be no lower than 18 inches and no higher than 36 inches above finished grade. 4. Size of Individual Uses. With the exception of hotels, motels, offices or grocery stores, individual nonresidential uses shall not exceed 10,000 square feet of gross floor area. Grocery stores shall not exceed 40,000 square feet. S. Sidewalks and Pedestrian Amenities Generally. Sidewalk and pedestrian amenities shall be provided along roads and as pedestrian connections from projects to adjacent development. The exact location, treatment, design and use of sidewalks and pedestrian amenities shall be determined at time of site plan review. Prior to site plan approval, easements, acceptable to the Planning Department shall be recorded across such improvements to allow public use. 15-277 04/15/15 6. Sidewalks and Pedestrian Amenities Specifically. Sidewalks and amenities shall be provided in conjunction with development as follows: a. Northeast Line of Chesterfield Avenue. Along the northeast line of Chesterfield Avenue, within the required setback: • 8 foot wide sidewalk which incorporates design features such as pavers, landscaping, decorative concrete, curves and other elements to enhance visual interest; and • 4 feet of the additional sidewalk abutting the 8 foot sidewalk on the interior side of lot incorporating one or more of the amenities allowed within hardscaped pedestrian areas unless the adjacent use incorporates accessory outdoor activities, such as, but not limited to, outdoor dining or display adjacent to the 4 foot of sidewalk. b. Southwest line of Chesterfield Avenue and All Other Roads. Along southwest line of Chesterfield Avenue and all other roads, sidewalk either within or parallel to the road, as approved by Planning and the Transportation Departments. 7. Uses Permitted in Hardscaped Pedestrian Areas. Hardscaped pedestrian areas may be located within required setbacks along roads. Such areas are not subject to side yard setbacks but shall require a rear yard setback of 50 feet. Such areas shall not encroach onto required sidewalks. Hardscaped pedestrian areas shall be designed to facilitate, and include amenities to support, outdoor gatherings and activity such as outdoor display of goods sold on the premises, dining, temporary vendors, civic or community events or seating areas. The areas may also include, but are not limited to, pedestrian amenities such as foundation plantings, street furnishings, benches, bike racks and trash receptacles. 8. Bicycle Facilities. A two-way bicycle facility shall be constructed within the road along the east line of Granger Street and the northeast line of Chesterfield Avenue. The exact design shall be approved by the Transportation Department. 9. Street Trees. Single stemmed street trees having a minimum caliper of 2.5 inches as measured at 4 feet above grade at time of planting shall be planted on an average of 40 feet on center along roads. Unless otherwise approved at the time of site plan review, the same species shall be used along a road and within a project. 10. Exterior Lighting. In addition to the requirements of Section 19-508.3, the following standards shall be met: a. Streetlights. Within required setbacks along Chesterfield Avenue, Granger Street and East River Road, pedestrian scale streetlights shall be installed as follows: 15-278 04/15/15 9 9 9 • Streetlights shall be designed to enhance the pedestrian character of the design district and be compatible with development standards of the district. The design of fixtures, poles and lamp shall be consistent along a road. • Streetlights shall be spaced generally 40 feet on center. • Fixture mounting heights shall be limited to 12 to 15 feet above the finished grade. b. Other Exterior Lighting. With the exception of pedestrian scale streetlights, exterior lighting shall comply with the following: • Exterior lighting shall be designed to enhance the character of the design district and be compatible with development standards of the district; • Freestanding lights shall not exceed a height of 20 feet above finished grade; and • Building mounted lights shall be no higher than the roofline or parapet wall. 11. Vehicular Access. Vehicular drives shall not be located between a building and a road. 12. Drive-in or Drive Through Facilities. Drive-in or drive through facilities shall comply with the following: a. Drive-in or drive through facilities to include windows, bays or similar uses shall be located behind the building and arranged so as to minimize view from Chesterfield Avenue, Granger Street and East River Road east of Bessie Lane; and b. The view of stacking spaces from Chesterfield Avenue, Granger Street and East River Road east of Bessie Lane shall be minimized either by a building, or 3 to 4 foot high decorative walls, fencing, evergreen hedges or a combination thereof. Hedges shall be maintained at a height of 3 to 4 feet. The setback of the walls, fencing or hedges shall be a maximum of 15 feet unless a hardscaped pedestrian area is provided between the road and the stacking spaces in which case the walls, fencing or hedges shall be located between the stacking spaces and the hardscaped pedestrian area. 13. Gasoline Pumps. Gasoline pumps shall be located behind a building and arranged so as to minimize view from Chesterfield Avenue, Granger Street and East River Road east of Bessie Lane. Views of pumps from other roads shall be minimized either by a building, or 3 to 4 foot high decorative walls, fencing, evergreen hedges or a combination thereof. Hedges shall be maintained at a height of 3 to 4 feet. The setback of the walls, fencing or hedges shall be a maximum of 15 feet unless a hardscaped pedestrian area is provided between the road and the gasoline pumps in which case the walls, fencing or hedges shall be located between the gasoline pumps and the hardscaped pedestrian area. 15-279 04/15/15 000 Sec. 19-624.--19-630. Reserved. MNUI Sec. 19-634. Prohibited signs. NII (h) Moving signs intended to attract attention regardless of whether or not the sign has a, written message or whether all or any part of it moves by any means, including but not limited to rotating, fluttering or being set in motion by movement of the atmosphere. This paragraph does not apply to the hands of a clock operating as such, or to computer controlled variable message electronic signs. However, within village and Ettrick Special Design districts, the director of planning may approve such signs for a period not to exceed two days for special community events if notified at least five business days in advance in writing. NNUI Sec. 19-635. Signs not requiring permits. The following signs may be erected without a sign permit, so long as they comply with the regulations in this chapter: 000 (g) Barber poles used to advertise establishments which cut hair. Such poles shall be building mounted only and may not revolve unless located within village or Ettrick Special Design districts. (h) Signs allowed to be attached to trees on sites where land disturbing activities are being conducted, such as land disturbance permits, job site numbers and similar temporary signs. 000 Sec. 19-636. Sign design and setback requirements. (a) With the exception of signs permitted to be placed in the right-of-way pursuant to sections 19-635(f), 19-636(e), and 19-637(h), all signs, including directional signs, shall be set back a minimum of 15 feet from all property lines, unless a greater setback is specified by conditions of zoning, approved site or subdivision plans, or by this chapter. (b) Along public rights-of-way, the setback may be reduced to a minimum of 20 feet from the edge of the pavement or the face of curb, but, except as permitted in section 19-636(e), no sign shall be set back less than one foot from the property line, provided the sign shall be relocated to 15-280 04/15/15 9 9 I F-� M conform to the requirements herein at the time the adjacent road is widened. (c) Within any village and Ettrick Special Design districts, the sign setback shall be five feet from the right-of-way line. Sec. 19-637. Limitation on specific signs. (a) Changeable copy signs. (1) Changeable copy is not permitted, unless the changeable component of the sign face occupies one-half or less of the total area of the sign face. This restriction does not apply to changeable copy used in movie theater and fuel price signs. (2) If changeable copy is used, it shall abut the sign face or be integrated into the sign face, provided, however, if the sign is incorporated into a monument structure, the changeable copy need not abut or be integrated into the sign face. Changeable copy added to signs existing prior to April 25, 2001 shall abut the sign face as close as physically possible. (3) Computer controlled variable message electronic signs may be allowed subject to section 19-161(c). (b) Farming signs. (1) Signs displayed for the purpose of farm identification must be located on the farm premises, set back at least 50 feet from the nearest corner of a street intersection. The sign must be painted or printed and the total aggregate area of all signs shall not exceed 12 square feet in area and a height of ten feet. (2) One temporary sign advertising the sale of farm products grown or produced on the premises is allowed, provided such signs shall not be illuminated, shall be painted or printed, maintained in good condition, and removed within ten days after the end of each growing season. Such signs must be no more than 12 square feet in area and ten feet in height unless located in village or Ettrick Special Design districts, in which case height is limited to seven feet. Mme (g) Order boards: One detached order board and one preview board is permitted for each stacking lane for businesses with drive-through facilities. Order boards and preview boards shall not be included in calculating the number of freestanding signs or in calculating the total aggregate sign area. Such signs must be located so that they are not legible from off the property. Order boards are limited to 30 square feet in area and six feet in height, unless located in a village or Ettrick Special Design districts, in which case the area shall not exceed 12 square feet. Preview boards are limited to 15 square feet in area and six feet in height, unless located in a village or Ettrick Special Design districts, in which case the area shall not exceed 12 square feet. 15-281 04/15/15 Additionally, one order board not to exceed four square feet in area is allowed for each parking space or fueling location, provided such signs are attached to columns supporting a canopy and have a finish color that matches the colors used on the canopy. One temporary sign not to exceed four square feet in area advertising special products or services may be used along a drive -up window lane, provided it is located so that it is not visible from adjacent residential districts or public rights-of-way. These signs shall not be included in calculating the number of freestanding signs or in calculating the total aggregate sign area allowed for the site. (h) Residential community identification signs. One such sign shall be permitted for each separate street entrance to the community. One such sign shall be permitted on each side of an entrance if both signs are attached to a decorative fence/wall. The sign area allowed is 20 square feet for each 200 dwelling units in subdivisions or residential communities with a guaranteed minimum of 32 square feet and a maximum of 100 square feet. Such signs must be no more than 15 feet in height unless located in a village or Ettrick Special Design districts, in which case height is limited to seven feet. These signs may be located within the public right of way, if approved by the Virginia Department of Transportation, and located within the median strip of the entrance. (i) Scoreboards as well as signs advertising goods, services or products shall be permitted within ball diamonds, ballfields, racetracks, stadiums, arenas or other facilities accommodating sporting events or activities. If a sign is not visible from off the property, there shall be no size or height limitation. If a sign is visible from off the property, it shall not exceed 64 square feet in area. In addition, it shall be attached on the interior of a fence or wall enclosing the facility and shall not exceed the height of the fence or wall. However, where a fence or wall is not provided, the scoreboard or sign shall not exceed a height of eight feet. (j) Signs advertising events for nonprofit organizations must be removed within 30 days after the date of the event. (k) Signs attached to or immediately above fuel dispensers are limited to eight square feet in area. Such signs shall not be included in the total permitted sign area for the facility and shall not be internally illuminated. (1) Signs displaying the name of a house or a home occupation at a single family residence shall not exceed one square foot in area and shall not be illuminated. (m) Signs prohibiting trespassers, hunting, fishing, solicitors or parking or announcing adoption of highways for litter control, posted property, crime watch areas or towing of unauthorized vehicles shall not exceed three square feet in area and shall not be illuminated. (n) Temporary onsite signs bearing the single message "now hiring" shall not exceed four square feet in area and are limited to one per business. Such signs may be displayed only 15-282 04/15/15 9 19 during periods a business is accepting applications for employment. (o) Temporary vendors selling Christmas trees are permitted one sign, not to exceed 32 square feet in area and ten feet in height, unless located in a village or Ettrick Special Design districts, in which case the height shall not exceed seven feet. Such signs may be displayed for 40 days starting November 15 of each year. (p) Under canopy signs within shopping centers are limited to one under canopy sign per store. Such signs shall not exceed eight square feet in area and shall be located in front of the store's main entrance. Such signs shall not be deducted from the sign area permitted for the store. (q) Signs attached to, or visible through, doors or windows that are legible from outside the building shall not exceed an area greater than 15 square feet or 25 percent of the total window and door area located on any one face of the building, whichever is less. Further, signs which are mounted on doors or windows shall be located in the top half of the door or window. (r) Yard sale signs shall not exceed four square feet in area. Such signs are limited to one offsite sign directing the way to the sale and one onsite sign. Yard sale signs may be installed no earlier than 48 hours prior to the sale and must be removed within 48 hours after the date of the sale. (s) Temporary campaign signs are permitted provided that they do not exceed 32 square feet in area and ten feet in height; not exceed seven feet in height in village or Ettrick Special Design districts; not be placed on utility poles, traffic control signs or trees or within public rights of way; and are removed 30 days after the election. Candidates shall list all site locations for temporary campaign signs through one (1) permit. e Sec. 19-638. Banners 1. Purpose. Banners shall only advertise or communicate the following: a. Special sales and promotions b. Events c. Hiring and recruitment periods d. Local, state or national business awards e. A new business that has not yet installed permanent signage With the exception of a new business that has not yet installed 15-283 04/15/15 permanent signage, a banner shall not solely advertise a business name and/or logo. 2. Approval. a. Prior to the installation of any banner, an applicant shall obtain approval from the director of planning. The approval request shall be on an application form proscribed by the director of planning, and shall, at a minimum include the following information about the banner: 1) purpose, 2) size, 3) area of building face if building mounted, 4) proposed location, 5) dates of display, and 6) method of fastening or displaying. In addition to the above requirements, the director of planning may request additional information deemed necessary to ensure compliance with this section. b. Banner applications shall not be submitted more than 30 days prior to the proposed display date. c. The director of planning may deny a banner application for up to one year from the issuance of the most recent notice of violation if a property, business or organization has received two notices of violation of this section in any 12 - month period. 3. Location and placement. a. Except as otherwise specified in this section, banners shall be located on the same property as the sponsoring business, organization or event that the banner advertises or promotes. b. Banners along public roads must meet the following: 1) Except for village or Ettrick Special Design districts, a banner shall be located at least 20 feet from the edge of pavement or a minimum of one foot outside of the public right of way, whichever is greater. 2) In village and Ettrick Special Design districts, a banner shall be located at least 20 feet from the edge of pavement or a minimum of five feet outside of the public right of way, whichever is greater; however, if a banner is advertising a community event, such banner may be displayed across a public road subject to the approval of VDOT. 15-284 04/15/15 M c. Banners may be freestanding or building mounted. d. Banners shall not be attached to trees, shrubs, utility poles, guy wires or traffic signs. 4.Other Requirements. Permitted Display Days Excluding Banner Size Nonprofit Permitted Permitted (per year) Display Number Consecutive Days For Sp Free Banner Type Permitt Display Nonprofit ed Days ec (per stan is All year) ding Buildi 1 other (semMounte ng Ar Areas are d ea feet s a. For a nonresidentia 1 community with in-line tenants or 4 60 60 120 120 32 tenants not having direct road frontage [2] [3] b. For outparcel uses within a nonresidentia 1 community; so or for square businesses feet and 1 60 60 120 120 32 or 15% organizations of located buildi outside of a ng nonresidentia face (41 1 community [ 3 ] [ 51 c. For the temporary onsite activity of a nonprofit Not organization 1 60 Applicable 120 32 not permanently located on the property. 31 [ 61 15-285 04/15/15 d. For a community event of nonprofit organization on vacant property [ 3 1 ['1 e. For nonprofit sports team recruitment period, offsite display [a] f. For a community event banner displayed across public road in village area Not 1 15 120 32 Applicable Not 4 30 120 32 Applicable Not 1 60 120 250 Applicable Not Applic able [1] Special Areas are shown on the zoning maps as "Banner Limitations Special Areas" and are known as, Eastern Midlothian Special District and Chesterfield Towne Center Southport Area Special District. [2] Of the banners allowed, no more than 2 freestanding banners shall be allowed along the project road frontage and the remainder may be building mounted. No more than 1 banner is permitted per tenant, to allow up to 4 tenants to advertise concurrently. Additional banners may be permitted as provided in footnote [3]. [3] where the property on which a banner is displayed is located along more than one arterial road, the number of banners permitted may be displayed simultaneously for each arterial road and each banner may be displayed the number of days permitted in this section. An additional banner may be permitted along the road frontage for each 500 feet of project road frontage in excess of 1000 feet. [4] For in-line tenants of a shopping center the banner size calculation shall be based upon the building face of the tenant unit. For other buildings, the banner size calculation shall be based upon the building face on which the banner is displayed. [5] When a banner is displayed by a nonprofit organization and there are multiple nonprofit organizations collocated on the property, no more than one additional banner may simultaneously be displayed for the additional nonprofit organizations located on the property. [6] This banner may be displayed in addition to other banner(s) permitted by this section. [7] Display time shall be limited to 15 days prior to the event. [8] An organization may receive no more than four (4) such banner permits per year. A maximum of four (4) offsite banners may be displayed per advertised recruitment period; only one (1) banner may be displayed per parcel; and all site locations for such event banners shall be listed on one (1) permit. RM 15-286 04/15/15 9 9 Sec. 19-640. Real estate signs. MW (b) The following real estate/construction signs require a sign permit and are subject to the conditions specified herein: (1) One onsite real estate sign advertising a residential community, provided such sign shall be removed when 90 percent of the dwelling units in the residential community are occupied. (2) One construction sign advertising the use to be made of a commercial building or structure and the businesses and firms developing the building or structure. Such sign may be installed when actual construction is started and shall be removed upon occupancy of the building or structure. (3) One construction sign notifying the public that a nonresidential community is coming soon. This sign shall be removed before erection of any other construction sign and in no instance shall be permitted to remain longer than three years. (4) One onsite real estate sign advertising the sale or rent of parcels of land with or without buildings in O, C or I districts, provided such sign is removed within ten days after the transfer of deed or rental of such property. If the sign is no greater than 16 square feet a county sign permit shall not be required. (5) The signs must not exceed 32 square feet in area and a height of ten feet unless located in village or Ettrick Special Design districts, in which case height is limited to seven feet. 000 Sec. 19-645. Freestanding sign design. (a) Sign structures for freestanding signs shall be covered with (1) a material having a similar color and finish to the building which it advertises; (2) a material and color used elsewhere on the signs; or (3) disguised as an architectural detail such as a column or a decorative wall. (b) Any freestanding sign in a TND, 0-1 or C-1 District shall conform to village or Ettrick Special Design districts standards, with the exception that uses in a TND District that front on a major arterial outside of village or Ettrick Special Design districts may use countywide size restrictions for area and height for signs located on the major arterial. ooa 15-287 04/15/15 Sec. 19-649. Size restrictions for specific types of freestanding signs. Sign Countywide Villagr or Ettr' ck Special Desi n Distr'ct Area Height Area i-'' Signs identifying a mixed use or 50 15 32 multisubdivision occupying 50 acres or less Signs identifying a mixed use or 100 20 32 multisubdivision occupying greater than 50 acres Identification signs at secondary 50 15 32 entrances to mixed use communities and multi -residential communities Signs identifying a nonresidential 100 20 32 13 community with a minimum of 300,000 square feet of gross floor area Sign identifying nonresidential 50 15 32 community with less than 300,000 square feet of gross floor area Signs identifying offices and 32 8 24 industrial buildings within a nonresidential community Signs identifying other buildings 20 8 20 within a nonresidential community Office and business buildings not in a 50 15 24 nonresidential community Industrial uses occupying 25 acres or 50 15 24 less and not within a nonresidential community Industrial uses occupying more than 25 100 15 24 acres and not within a nonresidential community Signs identifying boarding houses, 16 8 16 tourist homes, bed and breakfasts, or buildings with a multifamily use Greenhouses, nurseries, lawn and 50 15 24 garden centers Hospitals and funeral homes 50 15 24 Group care facilities, rest homes and 50 15 24 nursing homes Stadiums, arenas, and other places of 50 15 24 public assembly with fixed seats Golf courses, driving ranges, 50 15 24 miniature golf courses, bowling alleys, skating rinks, indoor/outdoor health or fitness centers, fraternal clubs and lodges Warehouse and wholesale uses 50 15 24 Hotels/motels fronting on interstate 150 20 24 highways Hotels/motels not fronting on 75 15 24 interstate highways Onsite identification signs for 50 15 24 public/semi-public uses including but not limited to churches, schools, libraries, fire stations, water/sewer 15-288 04/15/15 M treatment facilities, and cemeteries which front on roads at least 4 lanes wide Onsite identification signs for 32 15 24 8 public/semi-public uses including but not limited to churches, schools, libraries, fire stations, water/sewer treatment facilities, and cemeteries on roads less than 4 lanes wide Neighborhood recreation facilities 32 15 24 8 Movie theaters 20 per 15 24 8 screen w/ a min. of 50 and a max. of 200 Historic building identification 16 8 16 8 signs. Such buildings must appear in the Historical Register for the County of Chesterfield, State of Virginia, or National Historical Register. Restaurant associated with a 20 8 20 8 hotel/motel (only when located in a freestanding building) Taxi companies, train stations, bus 50 15 24 8 stations, airports, service stations, car washes, vehicle rental, and vehicle repair shops Truck terminals occupying 25 acres or 50 15 24 8 less Truck terminals occupying more than 25 100 15 24 8 acres Vehicle sales 50 20 24 8 Village or Ettrick Special Design 70 12 70 12 district entryway signs 06e (2) That this ordinance shall become effective immediately upon adoption. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 16.D. TO CONSIDER THE CONVEYANCE OF AN EASEMENT TO COMCAST COMMUNICATIONS MANAGEMENT, LLC Mr. Sasek stated this date and time has been advertised for the Board to consider the conveyance of an easement to Comcast Communications Management, LLC. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. 15-289 04/15/15 On motion of Mr. Warren, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Comcast Cable Communications Management, LLC for a 20' underground easement for Comcast fiber to be provided to a carrier on the cell tower at Bensley Park. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 16.E. TO CONSIDER DECLARING A PARCEL OF COUNTY PROPERTY ON RIVER ROAD SURPLUS AND AUTHORIZING THE CONVEYANCE OF THE PARCEL AND THE QUITCLAIM OF ASSOCIATED SIXTEEN - FOOT ACCESS AND WATER EASEMENTS ACROSS THE PROPERTY OF THE WARREN C. PURCELL FAMILY LIMITED PARTNERSHIP Mr. Sasek stated this date and time has been advertised for the Board to consider declaring a parcel of county property on River Road surplus and authorizing the conveyance of the parcel and the quitclaim of associated sixteen -foot access and water easements across the property of the Warren C. Purcell Family Limited Partnership. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board declared Parcel Number 784 608 5448 00000 surplus; authorized the conveyance of the parcel to the Warren C. Purcell Family Limited Partnership; vacated associated 16' access and water easements; and authorized the Chairman of the Board of Supervisors and the County Administrator to execute the deed. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 17. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 18. ADJOURNMENT On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adjourned at 7:46 p.m. until April 29, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. J mes J. eg ier Steph n A. Elswick ounty administrator Chairman 15-290 04/15/15 9 9 9