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11/14/01 Packet REQUEST FOR A SPECIAL MEETING OF THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY TO: LISA H. ELKO, CLERK TO THE BOARD OF SUPERVISORS Magi2ter~al DiStrict, and~ ~ ~of ~ Magisterial VD~I pursuant to Section 15.2-1417 and 15.2-1418 of the Code of Virain~, 1950, as amended, hereby request that the Board of Supervisors start their regular meeting on November 14, 2001 at 3:00 p.m. instead of the normal starting time of 4:00 p.m. in the Chesterfield County Public Meeting Room. The Board will consider its regular agenda. REQUEST FOR A SPECIAL MEETING OF THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY TO: LISA H. ELK0, CLERK TO THE BOARD OF SUPERVISORS Magisterial District, and ~~,,~-~&m~-~-~ .%~~_, of ~~_ Magisterial District , pursuant to Section 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950, as amended, hereby request that the Board of Supervisors start their regular meeting on November 14, 2001 at 3:00 p.m. instead of the normal starting time of 4:00 p.m. in the Chesterfield County Public Meeting Room. The Board will consider its regular agenda. TAKE NOTICE TAKE NOTICE that pursuant to Section 15.2-1418 of the Code of Virginia, 1950, as amended, two members of the Board of Supervisors have requested that~the Board of Supervisors start their regular meeting on November 14, 2001 at 3:00 p.m. instead of the normal starting time of 4:00 p.m. in the Chesterfield County Public Meeting Room. The Board will consider its regular agenda. Teste: Lisa Elko, Clerk to the Board of Supervisors I,~}L~ %~$~ ~-O~D~ , certify that I have received a copy of this notice this __th day of November, 2001, and waive any and all further notice requirements of Section 15.2-1418 of the Code of Virginia. Supervisor, %~%% _~_~ a~, District CHEST. CO. /A. WARREN FROI HESTERFIEL5 Sd. OF .:UPE~, 804 674 b,IA~EI'~'~ the ~L~~' i950, a~ a~ended, ~wo mam~er~ o~ 2001 ~ 3:00 ;.m. ins=sad o~ the no~l starting tim~ of ~:00 9.m. in %he Chest0rfield Co~Y Publi~ Meeting Boom. The Board w[~] consider its r~gular agenda. Lis~ Elko, Clerk ~o the Boar~ of Supervi~ors I, certify =hat I have received a copy of this notice ~his th day of Novembar, 2001, and waive any and all :urther no~ice ~a~iz'em~ntm o~ Section 15.2-1418 ,~f the Cod~ of Virginia. ~gTP.~ =, Jl NOU-O?-2881 17:32 804 6"?4 5:388 96Z P. 81 TAKE NOTICE TAKE NOTICE that pursuant to Section 15.2-1418 of the Code of Vir,ini~, 1950, as amended, two members of the Board of Supervisors have requested that the Board of Supervisors start their regular meeting on November 14, 2001 at 3:00 p.m. instead of the normal starting time of 4:00 p.m. in the Chesterfield County Public Meeting Room. The Board will consider its regular agenda. Teste: Lisa Elko, Clerk to the Board of Supervisors , certify that I have received a copy of this notice this __th day of November, 2001, and waive any and all further notice requirements of Section 15.2-1418 of the Code of Virginia./ Supervisor, ~'~q District TAKE NOTICE TAKE NOTICE that pursuant to Section 15.2-1418 of the Code of Virginia, 1950, as amended, two members of the Board of Supervisors have requested that the Board of Supervisors start their regular meeting on November 14, 2001 at 3:00 p.m. instead of the normal starting time of 4:00 p.m. in the Chesterfield County Public Meeting Room. The Board will consider its regular agenda. Teste: Lisa Elko, Clerk to the Board of Supervisors received a copy of this notice this {~th day of November, 2001, and waive any and all further notice requirements of Section 15.2-1418 of the Code/o,~-Wirginia. TAKE NOTICE TAKE NOTICE that pursuant to Section 15.2-1418 of the Code of Viraini~, 1950, as amended, two members of the Board of Supervisors have requested that the Board of Supervisors start their regular meeting on November 14, 2001 at 3:00 p.m. instead of the normal starting time of 4:00 p.m. in the Chesterfield County Public Meeting Room. The Board will consider its regular agenda. Teste: Lisa Elko, Clerk to the Board of Supervisors received a copy of this notice this ~>th day of November, 2001, and waive any and all further notice requirements of Section 15.2-1418 of the Code of Virginia. Supervisor,/~f~~.~ District TAKE NOTICE TAKE NOTICE that pursuant to Section 15.2-1418 of the Code of Vir~in~, 1950, as amended, two members of the Board of Supervisors have requested that the Board of Supervisors start their regular meeting on November 14, 2001 at 3:00 p.m. instead of the normal starting time of 4:00 p.m. in the Chesterfield County Public Meeting Room. The Board will consider its regular agenda. Teste: Lisa Elko, Clerk to the Board of Supervisors I, ~3~ ~-~- ~. ~ ~ c~-~ , certify that I have received a copy of this notice this 7 th day of November, 2001, and waive any and all further notice requirements of Section 15.2-1418 of the Code of Virginia. Steven L. Micas, County Attorney CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: November 14, 2001 Item Number: 2. Sublect: County Administrator' s Comments County_ Administrator's Comments; County Administrator: Board Action Reauested: Summary_ of Information; Presentation from Ms. Patti Jackson of the James River Association to honor Mr. Jack McHale with a "Guardian of the River Award" for his outstanding service and dedication to the James River. Preparer: ~t~.- ~ Lisa H. Elko Title: Clerk to the Board Attachments: i~Yes No 0001 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: Subject: November 14, 2001 Item Number: FY2001 Results of Operations and Transfer from Reserve for Future Capital Projects County Administrator's Comments: County Administrator: Board Action Requested: Approve the actions for year-end FY2001 Results of Operations as outlined below and authorize the transfer of $277,000 from the Reserve for Future Capital Projects for building improvements and security enhancements. Summary of Information: As outlined on the attachment, the addition to undesignated general fund balance for the fiscal year ending June 30, 2001 is comprised of approximately $13.7 million in revenue over the budget and unspent appropriations of only $10,673. Staff requests approval of the following actions with respect to undesignated ending fund balance. General County Recommendations 1> Set a public hearing for December 19, 2001 to consider the re- appropriation in FY2002 of $2,025,620 for the general fund purposes outlined on the attached; Preparer: Rebecca T. Dickson Attachments: Ycs ~-~No Title: Director, Budget & Management CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin~l Date: November 14, 2001 Appropriate $490,000 for immediate use by the Health Center Commission to address accounts payable balances. These funds would be transferred immediately upon request of the Commission; Set a public hearing for December 19,2001 to consider the re- appropriation in FY2002 of $1,010,000 for the Health Center Commission to support ongoing operations. These funds will be held specifically for the Commission and will be made available to address operations at the request of the Commission; Approve a third extension of the $975,000 advance to the Health Center Commission from a repayment date of January 15, 2002 to April 1, 2003; Designate $2,656,670 in revenue over the budget and $9,441 in unspent appropriations for non-recurring items for use in FY2003; and Transfer $277,000 from the Reserve for Future Capital Projects for building improvements and security enhancements. School Recommendations Designate $6,088,836 in property tax revenue over the budget and $1,232 in unspent appropriations for use in FY2003 for non-recurring items. During the FY2003 budget process, the School Board will identify non-recurring items associated with these funds. The Board previously approved the use of $250,000 for Bailey Bridge Middle in the current year. If all recommendations are approved, undesignated general fund balance is projected to be $35.3 million through FY2003, and the balance in the County's Reserve for Future Capital Projects will be approximately $1.89 million. 0611 FY2001 Results of Operations Projected Undesignated Fund Balance at June 30, 2001 Property Taxes Over the Budget Real Estate Public Service Personal Property & PPTRA Machinery and Tools Penalties/Interest Total Property Taxes Over the Budget Designation for the Health Center Commission Property Taxes Over the Budget Available for Allocation $ 4,671,130 1,027,932 4,972,461 178,030 1,013,783 $ 11,863,336 (1,500,000) $ 10,363,336 $ 34,772,700 All Other Revenue over the Budget (net of reserves) Total Unspent Appropriations (net of reserves) 1,872,829 $ 12,236,165 $ 10,673 To Schools: FY2002-Tax Revenue Over the Budget One Cent Tax Rate Decrease--Jan. through June Bailey Bridge Middle FY2003-- for non-recurring items Unspent Appropriations (net of state sales tax and CSA) Property Taxes after FY2003 Fund Balance & Tax Relief $ 546,715 250,000 $ 1,232 6,088,836 $ 796,715 $ 6,090,067 To County: FY2002 Budget Adoption and related issues: One Cent Tax Rate Decrease-Jan. Through June Fire- Breathing Apparatus (partial) Police- Vehicles-Cruisers Libraries-Furniture at Central Note: Books to be purchased from funds remaining in projects 242,285 350,000 500,000 90,600 $ 1,182,885 Items that were Contingent on Revenue Recovery Rescue Squads Bensley Bermuda Ettrick Matoaca Forest View Quick Response Vehicle-half a yr. staffing, vehicle/equip Note: Above items do not address Fire Dept. staffing issues Other Issues Environmental Management Program Comprehensive Services-Increasing Expenditures $ 50,000 94,800 20,000 91,300 $ 300,000 286,635 $ 256,100 $ 586,635 FY2003--for non-recurring items Unspent Appropriations Property Taxes after FY2003 Fund Balance, Tax Relief, Uses All other Revenue Undesignated Fund Balance Projected thru FY2003 *Reflects difference between actual and projected fund balance ($168,324) *May be revised in January, 2002 $ 9,441 783,841 1,872,829 $ 2,666,112 $35,272,700 * Use From Reserve for Future Capital Projects Building Improvements Security Enhancements (MH/MR & County Admin. Blding) $ 170,000 107,000 $ 277,000 Balance in Reserve for Future Capital Projects if approved would be approximately $1.89 million CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: November 14, 2001 Item Number: Su~ect: Streetlight Installation Approvals County Administrator's Comments: County Administrator: Board Action Requested: This item requests Board approval of New Streetlight Installations in the Dale and Midlothian Districts. Summary of Information' Streetlight requests from individual citizens or civic groups are received in the Department of Environmental Engineering. Staff requests cost quotations from Virginia Power for each request received. When the quotations are received, staff re-examines each request and presents them at the next available regular meeting of the Board of Supervisors for consideration. Staff provides the Board with an evaluation of each request based on the following criteria: 1. Streetlights should be located at intersections; There should be a minimum average of 600 vehicles per day (VPD) passing the requested location if it is an intersection, or 400 VPD if the requested location is not an intersection; Petitions are required and should include 75% of residents within 200 feet of the requested location and if at an intersection, a majority of those residents immediately adjacent to the intersection. CONTINUED NEXT PAGE Preparer: ~.~/~~~~/~'/ Title: Director, Environmental Enqineerinq mich'ar~ M. ~lfish Attachments: Yes J---] No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) Cost quotations from Virginia Power are valid for a period of 60 days. The Board, upon presentation of the cost quotation may approve, defer, or deny the expenditure of funds from available District Improvement Funds for the streetlight installation. If the expenditure is approved, staff authorizes Virginia Power to install the streetlight. A denial will cancel the project and staff will so notify the requestor. A deferral will be brought before the Board again when specified. DALE DISTRICT: In the Meadow Creek Subdivision: Meadow Glen Lane, vicinity of 3231 Cost to install streetlight: $416.39 Does not meet minimum criterion for vehicles per day MIDLOTHIAN DISTRICT: In the Brookstone Subdivision: Intersection of Fox Hurst Drive and Abbots Ridge Court Cost to install streetlight: $77.84 Does not meet minimum criterion for vehicles per day For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. STREETLIGHT REQUEST Dale District ADDRESS: Request Received: September 6, 2001 Estimate Received: October 16, 2001 NAME OF REQUESTOR: Ms. Cynthia Moore 3300 Creek Meadow Circle Richmond, VA 23234 279-0950 REQUESTED LOCATION: Meadow Glen Lane, vicinity of 3231 Installation Cost: $416.39 Policy Criteria: Intersection: Vehicles Per Day: Petition: Estimate Requested: September 6, 2001 Days Estimate Outstanding: 40 Qualified Not Qualified, less than 600 VPD Qualified No Staff or Requestor comments. 0 Street Light Request Map November 14, 2001 Thit tm~ it a cq~yri g ht~l prtacluet of the ~dd County ars Street Light Legend existing light requested light This map shows citizen requested streetlight installations in relation to existing streetlights. I '~, 721.31f~t Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. 0017 STREETLIGHT REQUEST Bermuda District Request Received: September 24, 2001 Estimate Received: October 3, 2001 NAME OF REQUESTOR: ADDRESS: Estimate Requested: September 24, 2001 Days Estimate Outstanding: 22 Ms. Debra Spillman 3625 Derby Ridge Loop Midlothian, VA 23113 REQUESTED LOCATION: Fox Hurst Drive and Abbots Ridge Court Installation Cost: $77.84 Policy Criteria: Intersection: Vehicles Per Day: Petition: Qualified Not Qualified, less than 600 VPD Qualified Please note the attached request letter from the Brookstone Homeowners Association. Staff notes that this installation is the first estimate received of two requested (per the attached request) from Dominion Virginia Power. Street Light Request Map November 14, 2001 HUt,s ? q.-~, o ' WAY % %% l'hi~ map i~ a cq~yrighttrl produ~t of the CtmmT~dd County OrS Street Light Legend existing light requested light I '= 712.92feet This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. Rich Leonard Chesterfield County BROOK,STONE HOMEOWNERS' ASSOCIATION Department of Environmental Engineering PO Box 40 Cheste~eld, VA 23832 Dear Mr. Leonard: CH!![ili ;.:I IELD COUNTY ENVliiO['.~i,'i[ N[AL ENGINEF_RIN(] Brookstone Homeowners are respectfully requesting the addition of 2 lampposts to our neighborhood for the safety of our residents and to aid in the reduction of vandalism. According to our plat with Chesterfield County there are easements for these additional lampposts already built into our neighborhood. Attached are petitions of our homeowners showing neighborhood wide support for this project. Highlighted names are those homeowl~ers closest to the requested lampposts. Brookstone is a small neighborhood of approximately 95 homes. We do not have sidewalks and 83% of the occupied homes have children. We have initiated a Neighborhood Watch Program and conduct rebmlar patrolling of the neighborhood, especially during evening hours. Brookstone is divided into three sections A, B and C. Section A was equipped with Imnpposts at key intersections, but sections B and C, while allotted with easements for street lights, did not get any installed. It has become a safety hazard particularly in the winter months when the daylight hours are shortened. We feel the addition of these lamps would help light up our streets and hopefully prevent any mmecessary accidents before they occur. We would like for these additional lampposts to be placed at two key intersections within our subdivision and to be similar in design to the ones that are already installed in section A of our development. The first intersection is at the corner of Fox Hurst Drive and Fox Hurst Terrace. This intersection is a prime bus stop for children in the neighborhood and would aid in their safety. Two of the homeowners at this comer have already agreed to the addition of the lamppost in their yards. The second intersection is at the comer of Fox Hurst Drive and Abbots Ridge Court. This is the intersection of the neighborhood that is darkest and where we have had more vandalism incidents. In addition, this iamppost would help to light up the back cul-de- sac, and both Abbots Ridge Court and Abbots Wood Terrace. We have also had a homeowner agree to the addition of a light on their property. Our neighborhood has also been tracking vandalism in the area. According to statistics published in the February 11,2001 Richmond Times Dispatch, suburban households/neighborhoods are "particularly vulnerable because those areas usually lack sidewalks for passers-by to spot unusual activity and have larger lots and more open spaces." In this article it was recommended to use various lighting to illuminate dark areas around homes. The Chesterfield County Observer recently published an article on vandalism within the County as well. It stated that vandalism arrests rose 128% over 1999 and that most vandals were boys ages 13-17. Having darkened areas of our neighborhood and a high school nearby makes us a likely target for this type of vandalism. Our Neighborhood Watch has logged nine acts of vandalism and four suspicious persons/vehicles this summer. We feel improved lighting through the addition oflampposts like the ones in Section A of our neighborhood, will help to decrease this type of vandalism a~d provide a safer environment for our residents. We thereby respectfully request the addition oflampposts as outlined in our Chesterfield County plat. If you require additional information please feel free to contact Debbie Spillman at 379-9503. Thank you in advance for your help with this matter. Sincerely, Debbie Spillman Neigl~borhood Watch Chairman Enclosures CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: November 14, 2001 Item Number: 8. ¢. Subject: Nomination/Appointment to the DruG and Alcohol Abuse Task Force County Administrator's Comments: County Administrator: Board Action Requested: Nominate/appoint members to serve on the Drug and Alcohol Abuse Task Force. Summary of Information: The purpose of the DruG and Alcohol Abuse Task Force is to study the nature and extent of substance abuse within the County and to make recommendations to the Board of Supervisors to prevent or eliminate such problems. The terms of Task Force members are at the pleasure of the board. Supervisor Humphrey has recommended that Ms. Tracey Allred be appointed representinG the Matoaca District. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meetinG and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. Preparer: Title: Director, Youth Services Attachments: Yes ~ No 0021 CHESTERFIELD COUNTY ocr o 3 CHESTERFIELD COUNTY DRUG AND ALCOHOL ABUSE TASK FORCE APPLICATION FOR APPOINTMENT HOME ADDRESS: ~ 0 HOME TELEPHONE: ~q-~l~_q~ ~ WO~ ~D~SS: (if strident, school yon attend) WORK TELPHONE: qq~4 E-MAIL ADDRESS: Why are you interested in serving on the Drug and Alcohol Abuse Task Force? What special interests or quaHbctttions would you like the Board of Supervisors to know about you in considering your nomination for appointment? I commit to attend Task Force meeting,s regularly and devote time to fulfill the responsibilities of the Task Force. DATE: tO-I- OI 00~'.~ Please return this form to Sharyl Adams by mail, fax or email. Chesterfield Youth Services, P.O. Box 40, Chesterfield, VA 23832; fax 748-1099; adamss(~_,co.chesterfield.va.us 2000 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: November 14, 2001 Item Number: 8.D.d.a. Subject: Set Public Hearing Date to Consider Amendments to the Zoning Ordinance Relating to VUSBC/BOCA Cc de Regulated Uses County Administrator's Comments: County Administrator: Board Action Requested: Board is requested to set December 19, 2001, as public hearing date to consider amendments to the zoning ordinance relating to VUSBC/BOCA code regulated uses. Summary of Information: Prior to and through the 1970's the Virginia Uniform Statewide Building Code/Building Officials and Code Administration (VUSBC/BOCA Code) contained only one section that regulated "high hazard" uses. These were primarily uses that posed a threat of explosion or severe fire. The Board of Supervisors concerned that these requirements were not sufficient, amended the Zoning Ordinance to prohibit "high hazard" uses in all office, commercial and industrial districts except in the Heavy Industrial (I-3) district where they were permitted by Conditional Use. As time passed, the VUSBC/BOCA Code has been amended to recognize a greater range of hazards and now have five sections, which identify and regulate a range of hazards from medical and environmental to severe fire and explosion. This increased awareness and regulation by the VUSBC/BOCA Code has resulted in many of our industries having some portion of their processes being classified high hazard. Staff has worked with industry over the recent years to gain compliance with the zoning prohibition against high hazard uses by mitigating any attendant hazard. In most instances, the high hazard was mitigated through installation of redundant fire suppression systems. Preparer:'-~4'~-,~,~-.~L~ Title: Development Manager irkl~nd A. Turner Attachments: Yes [--~ No I# OG.;~:3 ] CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin~ Date: November 14, 2001 These redundant systems are unnecessary and create an unwarranted expense for the owners. In light of these changes in regulations in the VUSBC/BOCA Code, staff is recommending that any restriction based upon high hazard be removed from the Zoning Ordinance. Staff also reviewed the Zoning Ordinance to determine if uses were appropriately classified in terms of hazard or risk to surrounding properties and people. As such, minor changes to permitted locations for tire recapping and laboratories are recommended. These proposed code amendments are attached. The Planning Commission reviewed the proposed amendments at their October 16, 2001, meeting and unanimously recommended adoption. The following departments participated Building Inspections, Fire Department, Development and Community Development. in and support this amendment; Planning Department, Economic 0024 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD., 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-135, 19-142, 19-149, 19-151, 19-156, 19-158, 19-172, 19-177, 19-185, 19-187, 19-192 and 19-197 RELATING TO HIGH HAZARD USES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (I) That Sections 19-135, 19-142, 19-149, 19-151, 19-156, 19-158, 19-172, 19-177, 19-185, 19-187, 19-192 and 19-197 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-135. Required conditions. In addition to the other requirements of this chapter, the conditions specified in this section shall be met in the O-1 District. OOO 3110.,11 UU ldlTlllllLtUkl Wlllg.dl 13 OOO Sec. 19-142. Required conditions. In addition to the other requirements of this chapter, the conditions specified in this section shall be met in the 0-2 District. OOO ±]U ~$~ ~ll~Lli OU ~UIIIIILtUU WlIi~,,~II i$ t~l~b~lllUU O~ Ltl~ UliilUllil O~(ttUWIUU J-~UIIUIiI~ LUUU a~ 0OO Sec. 19-149. Required conditions. In addition to the other requirements of this chapter, the conditions specified in this section shall be met in the C-1 District: OOO Sec. 19-151. Within designed to be (a) (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) (1) (m) (n) (o) (p) (q) (0 (s) (t) (u) (v) (w) (w~_) (yz) (zaa) (~cc) (cedd) (ddee) (~_ff) OOO Permitted uses by right. any C-2 District, no buildings, structures or premises shall be used or arranged or used except for one or more of the following uses: Any permitted use in the C-1 District. Antique shops, not to include pawnbrokers, indoor and outdoor flea markets and secondhand and consignment stores. Appliance stores. Art schools, galleries or museums. Artist material and supply stores. Bicycle sales and rentals. Catering establishments. Churches and/or Sunday schools. Clothing stores. Communication studios, offices and stations, exclusive of towers. Curio or girl shops. Department stores. Eyewear sales and services. Funeral homes or mortuaries. Furniture stores. Health clubs. Hobby stores. Jewelry stores. Libraries. Locksmith operations. Meat or seafood markets. Medical facilities or clinics. Medical and dental laboratories. Messenger or telegraph services. Motor vehicle accessory stores. Musical instrument stores. Office supply stores. Paint and wallpaper stores. Pet shops, including pet grooming. Photography studios. Post offices and mailing services. Radio, television and other home entertainment, sales and services. Rental of health and party equipment; and small home hardware, tools and equipment. 2014(00):53703.1 (gghh) Rest, convalescent or nursing homes and other group care facilities. (hhii) Restaurants, to include carry-out restaurants, but not fast-food restaurants. (iijj) Schools--music, dance and business. (jjkk) Sewing machine sales, instruction and services. (jjll) Sporting goods sales. (ttmm) Telephone exchanges. (mmnn) Toy stores. (rmoo) Veterinary clinics. OOO Sec. 19-156. Required conditions. In addition to the other requirements of this chapter, the following conditions shall be met in the C-2 District: OOO l'qU tlDU 3Ill:ill UU IJUIIIIILLgJtl WlIIk~II 13 k~II2;);)IIIUU Uy LIIU tYlIIIUIIII OL(],LK~'v~IUK: Di. IIIUIII~ LUtl[; (l~) OOO Sec. 19-158. Permitted uses by right. Within any C-3 District, no buildings, structures or premises shall be used or arranged or designed to be used except for one or more of the following uses: (a) (b) (c) (d) (e) (0 (g) (h) (i) ~) (k) (1) (n_m) (o_n) Any permitted use in the C-2 District. Carpenter and cabinetmakers' offices and display rooms. Cocktail lounges and nightclubs. Contractors' offices and display rooms. Electrical, plumbing or heating supply sales, service and related display rooms. Feed, seed and ice sales. Fraternal uses. Greenhouses or nurseries. Home centers. Hospitals. Hotels. Indoor flea markets. J-,'CLI..IUI (J~L~)I l~. Liquor stores. Motor vehicle washes. 2014(00):53703.1 Park and ride lots. Recreational establishments, commercial-indoor. Repair services, excluding motor vehicle repair. Restaurants, to include carry-out. Schools--commercial, trade, vocational and training. Secondhand and consignment stores, excluding motor vehicle consignment lots. Taxidermies. Theaters, except drive-in theaters. Veterinary hospitals and/or commercial kennels. OOO Sec. 19-172. Permitted uses by right. Within any C-5 District, no buildings, structures or premises shall be used, arranged or designed to be used, except for one or more of the following uses: (a) (b) (c) (d) (e) (f) (g) Any permitted uses in the C-3 District. Any permitted uses in the I-1 District. Commercial automobile parking. Mass transportation. Motor vehicle sales, service, repair and rental, excluding motor vehicle consignment lots. Recreational establishments, commercial--indoor. Wholesale trade of any products permitted to be sold at retail in this district. In addition to the above uses, within a C-5 District, which is located outside of the boundaries of the Eastern Midlothian Turnpike Corridor, no buildings, structures or premises shall be used, arranged or designed to be used, except for one or more of the following uses: (h) Drive-in theaters. Truck terminals. OOO Sec. 19-177. Required conditions. In addition to the other requirements of this chapter, the conditions specified in this section shall be met in the C-5 District. 000 2014(00):53703.1 4 OI)Z 000 Sec. 19-185. Required conditions. In addition to the other requirements of this chapter, the conditions specified in this section shall be met in the I-1 District. (ed) 000 The uses permitted in this district shall be those uses which are dependent upon raw materials first processed elsewhere. In addition to any other requirement of this chapter, and except where adjacent to a railroad, the uses permitted in this district, plus any accessory uses, shall be located at least 100 feet from any A, R, R-TH or R-MF District, subject to section 19-223. Loading areas shall be oriented away from any existing R, R-TH or R-MF District or property currently zoned agricultural and shown on the comprehensive plan for residential use. 000 Sec. 19-187. Permitted uses by right. Within any I-2 District, no buildings, structures or premises shall be used, arranged or designed to be used except for one or more of the following uses: 000 (bb) Tire recapping and vulcanizing establishments. (bbcc) Tobacco products manufacturing. (eedd) Tool and equipment rental. (ddee) Tractor-trailer service stations. 2014(00):53703.1 5 (ce_fi) Truck terminals. (ff'gg) Utility trailer and truck rental. (gghh) Water and wastewater treatment plants. Sec. 19-192. Required conditions. In addition to the other requirements of this chapter, the conditions specified in this section shall be met in the I-2 District. OOO (cb) In addition to any other requirement of this chapter, and except where adjacent to a railroad, the uses permitted in this district, plus any accessory uses, shall be located at least 200 feet from any A, R, R-TH or R-MF District, subject to section 19-223. OOO Sec. 19-197. Conditional uses. The following uses may be allowed by conditional use in the I-3 District, subject to the provisions of section 19-13' 0k) 000 Subject to the following requirements, other uses which are not specifically enumerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. 2014(00):53703.1 6 OOBO Based on these considerations, he shall determine that the proposed use's operating characteristics are substantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. (2) That this ordinance shall become effective immediately upon adoption. 2014(00):53703.1 0021 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 14, 2001 Item Number:8. D Subject: Set Public Hearing for Notification of Zoning Matters County Administrator's Comments: County Administrator: Board Action Requested: Recommend the Board set December 19, 2001, for a public hearing regarding the Notification of Zoning Matters. Summary of Information: Legislation was passed during the 2001 General Assembly that allows localities to hold a public hearing on zoning and plan amendment matters not less than 5 days from final publication of notice of the hearing. Currently, the hearing must be held at least six (6) days from the publication. Attached is the proposed ordinance change allowing public hearings not less than five (5) days from publication. Planning Commission and staff recommend approval of attached ordinance amendment. Preparer: Title: Director of Planninq DATA:AGENDA/2001/NOV1401.1 Attachments: Yes ~ No L.D, AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 19-26 RELATING TO HEARINGS, NOTIFICATION AND POSTING OF PROPERTY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-26 of the Code o_f the Coun_ty of Chester_field, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-26. Hearings; notification and posting of property. (a) The adoption of any comprehensive plan, zoning district map or ordinance or amendment thereto; any request for zoning approval; appeal of a decision by the planning director or other administrative officer to the board of zoning appeals; application for interpretation of the district map to the board of zoning appeals; or application for creation of a historic district, or the designation of landmark and landmark sites shall be advertised by reference, giving a descriptive summary of the proposed action and the place or places within the county where copies of the proposed action may be examined. In the case of proposed action which involves an amendment to the zoning district map, the public notice shall state the general usage and density range of the proposed amendment and the general usage and density, if any, set forth in the applicable part of the comprehensive plan. None of the above-referenced actions shall be acted upon until notice of the intention to do so has been published once a week for two successive weeks in a newspaper published or having general circulation in the county. Such notices shall specify the time and place of hearing at which persons affected may appear and present their views, and such hearing shall be held not less than six five days nor more than 21 days after final publication. 000 (2) That this ordinance shall become effective immediately upon adoption. 2014:54701.1 0©33 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 6 Meetin~ Date: November 14, 2001 Item Number: s.D. 1. c. Subject: County Administrator's Comments: County Administrator: Set a Public Hearing to Consider the Following Tax Exemption Requests (i) Affordable Residences in Chesterfield-Rockwood Village; (ii) Affordable Residences in Chesterfield II - Mary Tyler McClenahan Child Care Center; (iii)The Kiwanis Club of Chester, Inc. Foundation; and (iv) First Tee Chesterfield Board Action Requested: The Board of Supervisors is requested to set a public hearing for December 19, 2001 to consider the tax exemption requests of Affordable Residences in Chesterfield, Affordable Residences in Chesterfield II, First Tee Chesterfield, and the Kiwanis Club of Chester, Inc. Foundation. Summary of Information: At its September 26, 2001 meeting, the Board adopted a policy governing real estate and personal property tax exemption requests. The Board previously adopted a policy which establishes rules governing tax exemption requests: Board Policy for Local Tax Exemption Requests ac The Board will not consider a real estate tax exemption that exceeds $5,000 annually. The $5,000 limit does not apply to personal property tax exemption requests since personal property values depreciate. Steven L. Micas Attachments: ~-~ Yes No Title: County Attorney 2014(22):54904. ! CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 6 Meeting Date: November 14, 2001 Item Number: bo The Board will only consider tax exemptions for property actually used for a charitable/beneficial purpose. C o The Board will only consider tax exemption requests from organizations that are in compliance with all County laws and regulations, including but not limited to building, tax and zoning codes; and do Ail tax exemption requests will be considered at a single public hearing. Organizations must submit complete applications to the County by August 1. Any deviations from the policy requires a unanimous vote of the Board. f o Staff will submit an annual report to the Board showing any exemptions supported by the Board and granted by the General Assembly. State Law Requirements In addition to these policy provisions, the Code of Virqinia and the Constitution of Virqinia establish additional requirements that all requesting organizations must meet to qualify for a local real estate or personal property tax exemption. At the public hearing, staff will provide an updated report to the Board on whether each requesting organization complies with the Board's policy and is in compliance with constitutional and state law provisions. Earlier Public Hear;hq Date Staff has recently learned that the Joint Rules Committee of the General Assembly is considering a rule mandating that, after December l0th, legislators will be limited to introducing five bills (for Delegates) and eight bills (for Senators). If this bill limitation rule is adopted, it might be easier for the requesting organizations to obtain a patron before December 10 than after the Board could hold his public hearing at its NOVEMBER 28, 2001 regular meeting. The Board has received the following requests: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 6 Meetin Date: November 14, 2001 Item Number: I. Affordable Residences in Chesterfield - Rockwood Village Affordable Residences in Chesterfield ("ARC"), an affiliate of the Richmond Better Housing Coalition, is a non-stock, non-profit corporation which provides housing for elderly low income Chesterfield citizens. ARC has recently completed construction of Rockwood Village, an apartment community for low income senior citizens, on 7.4 acres of property it owns in the Matoaca District. Rockwood Village is located at the intersection of Genito Road and Price Club Boulevard and contains eighty-two residential units. The Assessor's Office reports that the assessed value of the entire complex is $4,542,500 which generates $~9,059 per year in County real estate tax. Pursuant to the Board's policy, ARC must provide, by the public hearing date, documentation that its tax exemption request can only apply to that portion of their 7.4 acre property which will generate the $5,000 real estate tax limit. This documentation must be sufficient to guarantee that the General Assembly cannot grant a tax exemption which exceeds the $5,000 limit. If ARC fails to produce such documentation, its request will violate the Board's policy. Staff has reviewed ARC's application and reports that the request meets the criteria set forth in the Board's policy. The property is used for a charitable/beneficial purpose and is in compliance with all County laws including building, tax and zoning codes. In addition to the Board's policy, ARC meets the conditions set forth in the Code of Virqinia and the Constitution of Virqinia to qualify for a local real estate tax exemption. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 4 of 6 Meetin Date' November 14, 2001 Item Number: II. Affordable Residences in Chesterfield II Mary Tyler McClenahan Child Care Center Affordable Residences of Chesterfield, II ("ARC, II"),also a non-stock, non-profit affiliate of the Richmond Better Housing Coalition, is seeking a real estate tax exemption for a 1.62 acre parcel that is the site of a day care center known as the "Mary Tyler McClenahan Day Care Center." The property was developed as part of Winchester Greens Apartments in the Bermuda District. Winchester Green is a housing development operated to meet the needs of low income citizens. The property is leased to another non-profit agency that operates the day care center. ARC II's goal is to enable low income parents living at Winchester Greens and surrounding communities with a clean and affordable day care center providing care for their children while they work at productive jobs. The center serves approximately 141 children. The 1.62 acre parcel is assessed at a total value of $1,230,200 and generated $13,284 in county real estate tax this year. Pursuant to the Board's policy, ARC II must provide, by the public hearing date, documentation that its tax exemption request can only apply to that portion of their 1.62 acre parcel which will generate the $5,000 real estate tax limit. This documentation must be sufficient to guarantee that the General Assembly cannot grant an exemption which exceeds the $5,000 limit. If ARC, II fails to produce such documentation, its request will violate the Board's policy. Staff has reviewed ARC II's application and reports that the request meets the criteria set forth in the Board's policy. The property is used for a charitable/beneficial purpose and is in compliance with all County laws including building, tax and zoning codes. In addition to the Board's policy, ARC II meets the conditions set forth in the Code of Virqinia and the Constitution of Virqinia to qualify for a local real estate tax exemption. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 5 of 6 Meetin Date: November 14, 2001 Item Number: III. The Kiwanis Club of Chester, Inc. Foundation The Kiwanis Club of Chester, Inc. Foundation ("Foundation") is a non- stock, non-profit corporation which provides public service to underprivileged citizens of Chesterfield County, as well as scholastic scholarships to graduating seniors of Chesterfield public high schools. The Foundation was recently gifted property of 0.323 acres located at the intersection of the easterly line of Gill Street and the southerly line of Railroad Street in Chesterfield County. This property is contiguous to a 5.3 acre parcel which received a tax exemption last year by the General Assembly after receiving support from the Board. Prior to the exemption, the larger parcel was assessed at a value of $60,000 and generated $684 in County Real Estate Tax. The Foundation is developing the large parcel into a community park for the use and benefit of the general public and historic Chester community. The Foundation intends to use the new parcel to expand the park's total acreage. In 2001, the smaller .323 acre parcel was assessed at a value of $3,000.00 and generated $32.40 in County Real Estate tax. Staff has reviewed the Foundation's application and reports that the request meets the criteria set forth in the Board's policy. The lot only generates $32.40 in real estate tax. The parcel will be used for charitable/beneficial purposes, and the lot is in compliance with the zoning code. In addition to the Board's policy, the Foundation meets the conditions set forth in the Code of Virginia and the Constitution of Virqinia to qualify for a real estate tax exemption. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 6 of 6 Meetin Date: November 14, 2001 Item Number: IV. First Tee Chesterfield First Tee Chesterfield ("First Tee") is a non-stock, non-profit organization which provides golfing opportunities for lower income children and operates an 18-hole golf course here in the County. First Tee has applied for an exemption from personal property tax on its operating equipment, including golf carts, golf clubs, and golf balls. First Tee's tangible personal property has been assessed at $206,565 and will generate $8,179.87 of County personal property tax. Currently Staff has reviewed First Tee's application and reports that it meets all of the criteria set forth in the Board's policy with the exception of one. First Tee is subject to a zoning condition requirement to provide a 50 foot landscaped buffer between the golf course and an adjacent neighborhood. The shrubs and trees necessary for the 50 foot buffer have been purchased and will be planted upon delivery consistent with the County Administrators earlier correspondence with the Board. Therefore, staff estimates that First Tee will be in compliance with its zoning by the proposed December 19, 2001 public hearing date. If First Tee is not in compliance at the time of the public hearing, the Board's policy will require the Board to vote unanimously to approve this request. With regard to the other criteria set forth in the Board's policy, the golf course is in compliance with all County laws including the building and tax codes. The personal property is being used to support the public golf course, which is a charitable/beneficial purpose under the state tax exemption statute and the constitution. In addition, First Tee Chesterfield otherwise meets the conditions set forth in the Code of Virqinia and the Constitution of Virqinia to qualify for a personal property tax exemption. 2014(22):54904. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meeting Date: November 14, 2001 Item Number:s- D, Subject: Resolution Recognizing Matoaca Volunteer Fire Department for 50 years of Volunteer Service to the Citizens of Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: The Honorable Renny Bush Humphrey requests the recognition of Matoaca Volunteer Fire Department for 50 years of volunteer service to the citizens of Chesterfield County, to be presented at their celebration on December 1, 2001, at the Children's Home of Virginia Baptists, Inc. Steve A. Elswick, October G0, 2001 Fire Chief Attachments: Yes ~ No # 0040 RECOGNIZING MATOACA VOLUNTEER FIRE DEPARTMENT FOR 50 YEARS OF VOLUNTEER SERVICE TO THE CITIZENS OF CHESTERFIELD COUNTY WHEREAS, the Matoaca Volunteer Fire Department was organized in 1951 by concerned citizens to provide fire protection to the Matoaca community; and WHEREAS, the Department has operated continuously since that date and is now celebrating their 50th Anniversary; and WHEREAS, over the years, many individuals participated in serving volunteer fire company; and public spirited and dedicated their community through this WHEREAS, the Chesterfield County Board of Supervisors desires to honor and recognize the Matoaca Volunteer Fire Department for 50 years of dedicated service to County citizens. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of past and present members of the Matoaca Volunteer Fire Department to the citizens of Chesterfield County and extends on behalf of its members and the citizens of Chesterfield County, their appreciation and congratulations on 50 years of dedicated service. 0041 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 14, 2001 Item Number: 8.D. 2.b. Sub.iect; Resolution Recognizing Miss Amy Linden Moody Upon Attaining the Gold Award County_ Administrator's Comments: County Administrator: Board Action Re~.uested: Adoption of the attached resolution Summary_ of Information: Staff has received a request for the Board to adopt the attached resolution recognizing Miss Amy Linden Moody, Troop 927, upon attaining the Gold Award. Resides in: Bermuda District Lisa Elko Clerk to the Board Attachments: Yes No RECOGNIZING MISS AMY LINDEN MOODY UPON ATTAINING THE GOLD AWARD WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Amy Linden Moody, Troop 927, sponsored by Grace Lutheran Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her Country, Amy is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Miss Amy Linden Moody on her attainment of the Gold Award and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Da~e: November 14, 2001 Item Number:8. D Subject: Award of Multiple. Environmental Consultant Annual Contracts to KCI Technologies, Landmark Design Group, EEE Consulting Incorporated, and Claugh Harbor and Associates LLP County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator to execute four separate annual contracts for environmental consultants with KCI Technologies, Landmark Design Group, EEE Consulting Incorporated, and Claugh Harbor and Associates LLP. Summary oflnf0rmation:These four firms were chosen out of 16 responses to the County's request for proposals for annual consultants for environmental services. These services include but are not limited to: wetlands investigations, wetlands delineations, phase I, II and II environmental assessments and or mitigation, underground storage tank investigations and removal and assistance in handling hazardous materials or contaminated sites. It is expected that through the five year contract term that each of these consultants will receive awards in excess of $75,000, therefore, Board of Supervisors Approval is required. Preparer: / Francis M. ~i~ro~T~I-e: Director, Department of General Services Attachments: Yes No 0~344 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 14, 2001 Item Number: s.D. 4. Subject: State Road Acceptance County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: BERMUDA: Benstey Commons Boulevard Henricus Green DALE: MATOACA: Jacobs Glenn, Section D Jessup Meadows, Section C Bayhill Pointe, Section 9 St. James Woods, Section G Preparer: __ Richard I~¢lVIcEIfish Attachments: Yes ~ No Title: Director of Environmental Engineering TO: Board of Supervisors FRONt DeparUT~t of Environnmtal Enginec6ng SUBJECt: State Road Acccptmce - BENSLEY COMMONS BLVD DISTRICT: BERMUDA MEETING DATE: 14 Noverrt~ 2001 ROADS FOR CONSIDERATION: BENSLEY COMMONS BLVD Vicinity Map: BENSLEY COMMONS BLVD TO: Board of Supervisors FRO1Vt Depammnt of Envirommntal Engineering SUBJECT: State Road Acceptance - HENRICUS GREEN DISTRICT: BERMUDA MEF,~G DATE: 14 NovelTt~ 2001 ROADS FOR CONSIDERATION: rodm~ by Chesterfield Cotmty 0047 TO: Board of Supervisors FROlVL Depmm~t of Environrrental Engineering SUBJECT: State Road Acceptance - JACOBS CTI ENN, SEC. D DISTRICT: DAI.E M~TING DATE: 14 Noverrlx~ 2001 ROADS FOR CONSIDERATION: ANDREWS RIDGE DR CINDIWOOD DR CINDIWOOD TER PHIl DAVID CT Vicinity Map: JACOBS Gt,ENN, SEC. D JACOBS RD TO: Board of Supendsors FROlVI~ DepOt of Environnmtal Engineering SUBJECT: State Road Acceptance - JESSUP MEADOWS, SEC. C DISTRICT: DAI MEETING DATE: 14 Novenk~ 2001 ROADS FOR CONSIDERATION: ZION RIDGE TER Vicinity Map: JESSUP MEAIX)WS, SEC. C _.1 D' ..~ I ~z~duced bv On~-tevfielfl C.-~ m~'O~l-S O04L~ TO: Board of Supervisors FRO1V[ DepmUnmt of Environrmmtal Engineering SUBJECT: State Road Acceptance - BAYI~ I, POINTE, SEC. 9 DISTRICT: MATOACA MEE~G DATE: 14 Novent:er 200 l ROADS FOR CONSIDERATION: BAYMII I,CT Hll I CRF~x DR LONGFELLOW DR POINT TRACE CT Vicinity Map: BAYHILL PO~, SEC. 9 toduced by Cl',~t~afield (2cxmW G[8 0,,S0 TO: Board of Supenfisom FRO~ [k3mrmmt of Environrrental Engineering SUBJECT: State Road Acceptance - ST JAMES WOODS, SEC. G DISTRICT: MATOACA MEETING DATE: 14 November 2001 ROADS FOR CONSIDERATION: DUXBURY CT DUXBURY PL EXPLORER CT EXPLORER DR EXPLORER TER NEVIS DR Vicinity Map: ST JAMES WOODS, SEC. G LUCKS LN CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: November 14, 2001 Item Number: 8.D.5.a. Subject: Approval of a Change Order to Gresham Smith and Partners in the Amount of $87,890 for Construction Administration Services County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to authorize the County Administrator to execute a change order to the architectural contract with Gresham Smith and Partners in the amount of $87,890 for Construction Administration Services during the construction of the addition and renovation of the existing portion of the Chesterfield Airport Terminal Building. Summary of Information' In August 1999, Gresham Smith and Partners was awarded a contract to provide architectural services for an addition to and alteration of the existing Chesterfield County Airport Terminal Building. At that time, the Construction Administration portion of the contract was not included in the agreement. The project will consist of the construction of a 2-story addition to the existing terminal building, interior renovations, landscape development, and other improvements. Estimated completion time is fall 2002. Preparer: ~~ P~it~ro Francis M ' Title, Director of General Services Attachments: [~--] Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin{3 Date; November 14. 2001 Number Bud.qet and Mana.qement Comments: This action requests approval of an architectural change order for construction administration services for renovations and addition to the Chesterfield Airport terminal building in the amount of $87,890. Funds have been allocated in the current budget to sufficiently cover this change order. No additional funds are needed. Preparer: ,~,~(/ ~'_~['~r~ Rebecca T, Dickson Title: Director, Budget & Management CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: November 14, 2001 Item Number: 8. D. 5. b. Subject: Change Order for CH2M Hill Contract for the Watershed Management Plan for the Swift Creek Reservoir Watershed CounWAdministrator's Commen~: . Coun~ Administrator: Board Action Requested: The Board of Supervisors is requested to approve a Change Order for the contract with CH2M Hill in the amount of $56,683.12 and transfer funds from the Environmental Engineering operating budget to cover the cost of the Change Order. Summary of Information: On February 25, 1998, the Board of Supervisors awarded a contract to the firm of CH2M Hill to develop a Watershed Management (Regional BMP) Plan for the Swift Creek Reservoir Watershed. The Board of Supervisors approved the completed document on October 25, 2000. Subsequent to the completion of the Watershed Plan, staff identified the need for additional services from this firm to assist with the implementation of the Plan. One such item is an analysis in support of a proposed amendment of the County's Floodplain Ordinance. The amendment of this ordinance will enable designated floodplains to be used as regional BMPs. Another necessary service is assistance in obtaining approval from the Corps of Engineers and the Chesapeake Bay Local Assistance Department for the construction of the regional BMPs. Although CH2M Hill developed a draft Permit package for the Corps of Engineers as part of the original contract scope, that permit will require significant changes due to the agency's reversal of their original guidance on how to proceed with the permitting of regional BMPs. The firm's services will also be required to negotiate the terms of the Corps Permit. This change order and transfer of funds will enable the final payment to be made to CH2M Hill for their services. County staff will monitor all areas of compliance w/th the NPDES permit requirements and contract out for services on an as needed basis. Preparer:./'~ / _ J, .--.-,-.,~.~ _,. Title: Water Quality Administrator / /oan Salvati - Attachments: [-~] Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: November 14. 2001 Number Budqet and Mana.qement Comments: This action requests approval of a change order for the CH2M Hill consultant in the amount of $56,683. Processing of this change order and subsequent payment to CH2M Hill will enable the final payment to be made to this consultant for work done on the Swift Creek Reservoir Watershed Plan. Funds have been set aside in the Environmental Engineering Department's operating budget to cover this final payment and are available to transfer to cover this cost. Preparer: Rebecca T. Dickson Title: Director, Budget & Management 06G,G CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 14, 2001 Item Number: 8.D.6.a. Subject: Acceptance of Two Parcels of Land for Improvements to Wadebridge Road from Phillip W. Dean and Lynn M. Dean County Administrator's Comments: County Administrator: Board Action Requestsd: Staff recommends that the Board of Supervisors accept the conveyance of two parcels of land containing a total of 0.068 acres adjoining the south and east right of way lines at the terminus of Wadebridge Road, and to authorize the County Administrator to execute the necessary deed. Summary of Information: This dedication is required for improvements to Wadebridge Road. Approval is recommended. District: Midlothian Preparer: c::~,._~ -z-,J, ~.,~ Title: John Wo Harmon Attachments: Yes ~ No Right of Wav Manager ~ CI N ITY SKETCH ACCEPTANCE OF TWO PARCELS OF LAND FOR IMPROVEMENTS TO WADEBRIDGE ROAD FROM PHILLIP W. DEAN AND LYNN M. DEAN Chesterfield County Department of Utilities Right Of Way Office CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 14, 2001 Item Number: 8.D.6.b. Subject: Acceptance of Parcels of Land Along the South Right of Way Line of Hull Street Road, and West Right of Way Line of Spring Run Road from Boney Wilson & Sons, Inc. County Administrator's Comments: County Administrator: Board Action Requestsd: Staff recommends that the Board of Supervisors accept the conveyance of parcels of land containing a total of 0.879 acres from Boney Wilson & Sons, Inc., and authorize the County Administrator to execute the necessary deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of parcels of land containing a total of 0.879 acres along the south right of way line of Hull Street Road (US Route 360) and west right of way line of Spring Run Road (State Route 702). This dedication is for the development of Hannaford Food & Drug Superstore. Approval is recommended. District: Matoaca Preparer: John~.~ Harmon Attachments: Yes No I I Title: Right of Way :Manager # 00,59 VICINITY SKETCH Acceptance of parcels of land along the south right of way line of Hull Street Road, and the west right of way line of Spring Run Road from Boney WilsOn & Sons, Inc. EDGE CR ~ HULL: z PY P£ D~ Chesterfield County Department of Utilities Right Of Way Office CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 14, 2001 Item Number: Subject: Designation of Right of Way at Chalkley Elementary School County Administrator's Comments: County Administrator: BoardAction Reques~d: Staff recommends that the Board of Supervisors designate right of way at Chalkley Elementary School, and authorize the County Administrator to execute the necessary Declaration. Summary of Information: As a condition of the site plan approval for the Chalkley Elementary School Building Addition the Transportation Department is requiring the designation of 0.303 acres of County property as public right of way for future road improvements. District: Dale John W. Harmon Attachments: Yes ~ No Title: Right of Way Manager O~6Z VICINITY SKETCH Designation of right of way at Chalkley Elementary School eowtt4, 0 0 'Ys cT ~.LVlLLE DR STELLARD ELGAR CT Chesterfield County Department of Utilities Right Of Way Office CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November 14, 2001 Item Number: 8.D.8.a.1. Subject: Transfer $1,000 from the Bermuda District Improvement Fund to the Parks & Recreation Department to Install a Playground at the County-Owned "Lowes Soccer Complex" County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to transfer $1,000 from the Bermuda District Improvement Fund to the Parks & Recreation Department to install a playground at the County-owned "Lowes Soccer Complex." Summary of Information' Supervisor McHale has requested the Board to transfer $1,000 from the Bermuda District Improvement Fund to the Parks & Recreation Department to install a playground at the County-owned "Lowes Soccer Complex." This project will include grading the land, providing drainage, and purchasing and installing playground equipment, safety mulch and wood edging. The Craddock Point Civic Association has collected $1,000 for this project and has submitted a Community Enhancement Project Funding Application for the remaining $1,000. The County is legally prohibited from giving money to organizations like the Civic Association. The County can, however, transfer funds to the Parks & Recreation Department to make public capital improvements to County property. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Rebecca T. Dickson Title: Director, Budget and Management 0423:55273.1 Attachments: Yes I~ No ,& CEP PROJECT FUNDING APPLICATION 1. Date application submitted: 8/24/01 2. Name of Organization(s): Craddock Point Civic Association Nature of organization(s): Please describe the purpose of your group(s): Promote civic pride and community health, address neighborhood safety and aesthetic concerns In relation to your organizations, answer the following questions: Is the organization a corporation? Yes Is the organization non-profit? Is the organization tax exempt? Does your organization have By-Laws/Articles of Incorporation? 4. Contact Person, Address and Phone Number: Marilu Kruger Phone: (804) 530-2750 Fax: (804) 530-2755 5. Proposed Project Title: Lowes Soccer Complex, New Playground 6. Magisterial District(s) in which proposed project will be undertaken: Dale CEP Project Funding Application Page 3 If applicable, list the organizations involved with your coalition and each organization's connection to this proposed project: Citizens of subdivision, primary users of playground Proposed Project Description. Please be specific - describe actual activities/improvements that will take place. If the proposed project involves any physical improvements, please attach a sketch of the property showing all improvements including the location of public property: Install new playground, grading, drainage and wooden edging with safety mulch surface under apparatus. The following are the goals of the CEP: A. Promote community wellness and self-sufficiency; B. Promote business wellness and self-sufficiency; C. Develop community, neighborhood and business leadership; D. Foster community spirit and pride; E. Demonstrate commitment to plan and provide for the future: F. Improve communication and understanding between government, communities, neighborhoods and businesses; G. Promote private-public partnerships to address community issues, and H. Make better use of taxpayer dollars by addressing problems before they worsen. On a separate sheet, describe how the proposed project meets the CEP goals. Be specific in the anticipated results or products that will be produced by the proposed project. For example, explain how your proposed project will promote community wellness and self-sufficiency. 2 CEP Project Funding Application Lowes Soccer Complex New Playground A. Promote community wellness and self-sufficiency; Provide safe location for small children to use playground without infringing on elementary school facilities. B. Promote business wellness and self-sufficiency; C. Develop community, neighborhood and business leadership; Need for project has united neighborhood organizations to actively provide for their needs. D. Foster community spirit and pride; Enhances neighborhood civic organizations and creates vested interest in public property by their involvement in funding process. E. Demonstrate commitment to plan and provide for the future; Project is in compliance with park master plan. F. Improve communication and understanding between government, communities, neighborhoods and businesses; G. Promote private-public partnerships to address community issues, and... Project is result of joint meetings with community and government officials. H. Make better use of taxpayer dollars by addressing problems before they worsen. Installation now will save inflationary costs associated with CIP funds expected in 2003. Page 4 10. Have you read the CEP Project Funding criteria described on the first page of this application? Yes ~_ No 11. Describe any experience your organization(s) has had in project management: Chesterfield County Parks and Recreation Design and Construction Division routinely manages construction projects of this type on a daily basis. The project manager is a Certified Landscape Architect. 12. Total proposed project cost: $2000 13. Amount of proposed CEP Project funding requested: $1000 14. List other sources of funds which will be used to complete this project: Chesterfield County to provide the labor to clear the land and install playground and borders. Lowes donated the land for the playground. 15. If the proposed project is funded, how will your organization spend CEP Project funds (please be specific - e.g. what will be purchased): Purchase playground apparatus, wood edging and safety mulch. Contract with installer for playground. Pay for dump fees for clearing and any equipment rentals for machiner~ not owned by the Chesterfield County Department of Parks and Recreation. CEP Project Funding Application Page 5 16. After the proposed project has been completed, what are your Organization's future plans and projects: Work to have picnic table and walking trails added to Lowes soccer complex 17. Anticipated project start date: 12/1/01 18. Anticipated project completion date: 4/1/01 s 0070 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: November 14, 2001 Item Number: 8. D. 8. a. 2. Subject: Transfer $400 in Bermuda District Improvement Funds to the Parks and Recreation Department for Rental of a Tent and Chairs at Bensley Park CounW Administrator's Comments: County Administrator: Board Action Requested: Transfer $400 in Bermuda District Improvement Funds to the Parks and Recreation Department to rent a tent and chairs for use at the Veteran's Day ceremony at Bensley Park. Summary of Information: Supervisor McHale requests the Board to approve the transfer of $400 from the Bermuda District Improvement Fund to rent a tent and chairs for use at the Veteran's Day ceremony at Bensley Park. The Bensley Civic Association, in conjunction with the Parks and Recreation Department, is sponsoring a Veteran's Day ceremony on November 10, 2001 at Bensley Park to honor all military veterans and recognize the sacrifices they made to protect America's freedom. The $400 will be used by the Parks and Recreation Department to rent a tent and chairs for the Veteran's Day ceremony. This expenditure is appropriate because it is being used by the Department to commemorate an historic event pursuant to Va. Code ~ 15.2-953. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Attachments: Title: Director, Budget and Management 0423:55297.] Yes ~ No # Oi-;TZ I DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? Margaret Davis, Bensley Civic Asso If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) Community Civic Association What is the amount of funding you are seeking? $400.00 Describe in detail the funding request and how the money, if approved, will be spent. expenditures for the Veteran's Day Funds will be ce±eoration at spent for Bensley Park held on Nov. 10, 2001. Tent costs $300 / Chair Rental $100 Is any County Department involved in the project, event or program for which you are seeking funds? Yes, Parks & Recreation If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380.1 Page 2 If applicant is an organization, answer the following: Is'the organization a corporation? Yes Is the organization non-profit? Yes Is the organization tax-exempt? Yes X No No No X What is the address of the applicant making this funding request? 2700 Parkdate Road Richmond, VA 23234 .. What is the telephone number, fax number, e-mail address of the applicant? (H) 275-2882 Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of the organization. ~nature, ~an,s _D_ay]Coordinator Printed Name 0407:23380.1 O07a CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November 14, 2001 Item Number: s.D. 8. b. Subject: Transfer $2,500 in Midlothian District Improvement Funds to the School Board to Defray the Cost of a Reader Board at Robious Middle School County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to transfer $2,500 in Midlothian District Improvement Funds to the School Board to defray the cost of a reader board at Robious Middle School. Summary of Information: Supervisor Barber has requested the Board to transfer $2,500 in Midlothian District Improvement Funds to the School Board to defray the cost of a reader board at Robious Middle School. The Robious Middle School Parent Teacher Association, through fund-raising efforts, has obtained $5,631 of the $8,131 needed to purchase the reader board and has submitted a request for the remaining $2,500. The County is legally prohibited from giving money to organizations like the Robious Middle School PTA. The County can, however, transfer funds to the School Board to make public capital improvements to County property. The School Board must expend the funds in accordance with the Virginia Public Procurement Act. For information regarding available Improvement Fund accounts, please Improvement Fund Report. balances in the District reference the District Preparer: Rebecca T. Dickson Attach ments: Ycs ~-~No Title: Director, Budget & Management 0423:55269.1 # 0O74 OCT 24 2001 13:36 FR CAPITAL ONE 804 969 1219 TO 99196299 P.02/~4 DISTRICT IMPROVEMENT FUNDS This application must be completed 'and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the CounD/ can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering yOur request. What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, whet is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to What is the amount of funding you are seeking? Describe in detail the funding request and how the money, if approved, will be spent. Is any County Department involved in the project, event or program for which you are seeking funds? if this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380. 0CT-24-2081 1~:33 804 967 1217 97~ P.02 OCT 24 2881 13:36 FR CAPITAL ONE 884 967 1817 TO 971762~7 P.03×04 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes No Yes y/' No Yes V/ No J What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Signature of applicant, if you are signing on behalf of an organization you must be the dent, vice-presid.ent, chairman or vice- of the orgamza;tior~ ~ Signature 6 Title (;f sign;ng on behalf of an organization) Printed Name 0407.~3350.1 O0?G 0CT-24-2001 13:34 884 967 1217 P.03 OCT 24 2882 13:36 FR CAPITAL ONE Holiday Signs P.O. Box 1307 Chester, VA 23831 USA Telephone: 804/796-9443 Bill To: ROBIOUS MIDDLE SCHOOL/PTA 2701 ROBIOUS CROSSING RD MIDLOTHIAN, VA 23113 884 967 1217 TO 97176297 P.04/84 Invoice 3(1629 Invoice Date 09111/01 Ship To: ROBIOUS MIDDLE SCHOOL/PTA 2701 ROBIOUS CROSSING RD MIDLOTHIAN, VA 23113 Cu$IomerI Shil~ via I Phone Terms ROBIOM - DELIVERED .......... 804 934 7300 " Dac Upon Receipt Purchase'OrderNumber I, Salesperson OrderDateI Our 0rder Number DOUGLAS H PICK , ~.F 08/14/01 22864 Qu_antlty Shlpp~t Item Number I Unit of Measure Unl! Price Quantity Ordered Extended Pdce Back Ordered Item Deacfiption Discount %1 Tax 1.00 1.00 FA 4950,00 4950.00 0.00 FURNISH NEW MONUMENT SIGN WITH N READER BOARD & 300 FONT LETTERS 1.00 1.00 IM 2850.00 2850.00 0,00 INSTALLATION N 1,00 1,00 PS 331.00 331.00 0.00 PERMIT & SECURAL FEES N Nontaxable Subtotal 8131.00i Taxable Subtotal 0,00 Tax (4.500%) 0,00 Please visit our web site at www. holldayslgns.com Total Invoice 8131.00 Ema[I hmo~re{~holidaysigns.¢om Amount Paid 3800.00 Balance Due 4331,00 0CT-24-2001 13:34 Cu~omerOriginal(Reprinted) 804 967 1217 TOTAL PAGE, B,4 ~ P. 04 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~ Date: November l&, 2001 Item Number: ii-n-q- Su~ect: Donation of Surplus 911 Equipment to City of Petersburg County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to approve the donation of surplus 911 equipment to the City of Petersburg. Summary of Information: The City of Petersburg has requested that the County donate to the City surplus electronic equipment from the County's former 911 center. Although the County has no further use for the equipment, it is still functional and can be integrated into Petersburg's existing 911 system. The equipment is no longer available commercially and the City reports that, by utilizing Chesterfield's equipment, it can prevent the failure of its system. Under Virginia law the Board must approve the donation of County property and can only donate property to organizations which qualify under the Code of Virqinia. The Petersburg 911 Center qualifies as a "non-profit lifesaving organization" under Va. Code § 15.2-953B(iii) and the General Assembly authorizes the Board to donate property to such organizations regardless of whether they are located "within or without" the boundaries of the County. Furthermore, the City of Petersburg provides some mutual public safety assistance to the southern portion of the County and it is in the County's public interest to ensure the uninterrupted operation of the City's 911 Center. Finally, the County has entered into both police and fire mutual aid agreements with Petersburg which permit the Board to authorize the use by Petersburg of County equipment to provide public safety communications support to Petersburg. Although the value of the 911 equipment is difficult to determine, the Purchasing Department recently attempted to auction the property and received a single bid of $200. Staff recommend approval of this donation~,~ ~ ~~~'} ~~ Preparer: )~g~ ,. ___.___ itle: Assistant to County Administrator Robert L. Eanes / 0423:55286.1 Attachments: Yes [-~ No City.of Pe ersbttrg Office of the City Manager Room 202 - City Hall Petersburg, Virginia 23803 (8O4) 733-2301 FAX 732-9212 TDD 733-8003 October 12, 2001 Lane B. Ram~y, County Aclmini.qtrator Chesterfield County P. O. box 40 Chesterfield, VA 23832 Re: Donation of Chesterfield County Electronic Communication Equipment Dear. ~..~h~ey: I wish to express our appreciation for Chesterfield County's generous offer to donate its surplus electronic equipment from the County's old 911 center to the City of' Petersburg. We have been advised by our consultants, RCC Consultants, Inc., that the donated equipment can, indeed, be integrated into our existing 911 equipment and will prevent failui'e of our system. Cordially, B. David Canada City Manager David Prebeek, Managing Consultant, RCC Morris Jones, Chief of Police James J. Wallace, Fire Chief T. Robertson Blount, Jr., Director, Finance L. A. Rosenstock, III, Purchasing Agent I CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of .3 AGENDA Meetin~ Date: November 14, 2OOl Item Number: 8.D.10 I I ' Subject: Appropriation of Funds for the Halloway Avenue Sidewalk Enhancement Project, Phase II County Administrator's Comments' County Administrator: .. ~ Board Action Requested: Appropriation of $220,000 in anticipated VDOT reimbursements for the Halloway Avenue Sidewalk Enhancement Project, Phase II. ,,,Summary of Information: In December 2000, the Board approved the designation and transfer of funds for the local match, and adopted resolutions supporting various Enhancement projects in the County. In addition, the Board authorized the County Administrator to enter into agreements for the administration of Enhancement projects. VDOT approved funding for one of these projects: Halloway Avenue Sidewalk Project, Phase II. Funding for Phase I of the Halloway Avenue Sidewalk Project was received in 1999. Phase I of the project, which involved the design of sidewalk along Halloway Avenue between Matoaca Middle School and Hickory Road, is complete. Phase II will involve the construction of a section of sidewalk. Preparer: ~/~ ~4~ .... Title: Director of Transportation ~ R.'J. McCracken Agen5 0 9 Attachments: I Yes ~ No ~ 0080 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of ~, Recommendation: Staff recommends the Board appropriate $220,000 in anticipated VDOT reimbursements for the Halloway Sidewalk Enhancement Project, Phase II. District: Matoaca 0081 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meetina Date: November t4. 2001 Number Budget and Management Comments: This item appropriates $220,000 in anticipated VDOT reimbursements for the Halloway Avenue Sidewalk Enhancement Project, Phase II. Like other enhancement projects, the cost of this project is split between the Virginia Department of Transportation and the County 80%/ 20%, respectively. The County's match for these funds was approved as a FY2002 Enhancement Project on December 12, 2000. The original estimate was for $57,000, however, the state only approved a match of $220,000 for the project, bringing the County's required match to $55,000. If this item is approved, the total project budget will be $457,000. VDOT will reimburse the County for $320,000 of this cost. Preparer: ~,~""~,% I~f'~ Title: Director, Bud.qet & Mana.qement Rebecca T. Dickson HALLOWAY AVENUE SIDEWALK PROJECT VDOT Match Reimbursements (appropriated or designated for transfer) 12/10/97 $82,000 4/14/99 $100,000 12/20/00 $55,000 11/14/01 $220,000 TOTAL $320,000 $137,000 0083 HALLOWAY AVE SIDEWALK PROJECT PHASE II /// Section of sidewalk to be constructed with Phase II will be determined with community input. 0o~4 $ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November 14, 2001 Item Number: 9. Subject: Citizen Request to Address the Board Under "Hearings of Citizens on Unscheduled Matters." County Administrator's Comments: County Administrator: Board Action Requested: Summauoflnformation: Mr. Roger Goad and Mr. Don Balzer have requested the opportunity to speak concerning development of a road connection between the southern end of Branchway Road and northbound Courthouse Road. District: Midlothian Preparer: ~R.J. McCracken Agen511 Title:Director of Transportation Attachments: Yes No O0~f~ BRANCHWAY ROAD TO COURTHOUSE ROAD CONNECTOR 0.3 0 0.3 0.6 Miles N PROPOSED CONNECTOR ROAD Unscheduled Matters Subject: Unscheduled Matters Date: Thu, 1 Nov 2001 10:34:50 -0500 From: "Roger Goad" <RGOAD @wfofr.com> To: <elkol @chesterfield.gov> CC: "Jeff Jones" <JJONES @wfofr.com>, "Walter Brockwell" <WBROCKWELL@wfofr.com>, "Nelson Trottier" <NTROTTIER@wfofr.com> Dear Lisa, I am requesting to speak before the Board of Supervisors at the 4:00 pm meeting on November 14th. Don Balzer of Balzer and Associates would also like to address the board. We are seeking support from the board to have an access corridor developed directly with northbound Courthouse Road and the southern dead-end of Branchway Road. We have the lowest right of way access at the intersection of Branchway and Southlake. When more than two vehicles line up to exit onto Southlake Boulevard, with the intersection already block by westbound traffic on Southlake, we become deadlocked at the mercy of all the vehicles already on Southlake. Lives and property are at stake. I'm afraid that if something isn't done soon, we're at a very high risk of having multiple fatalities at this intersection. Even if there should be a minor accident in the intersection, all of our businesses would be blocked from entering or exiting at Southlake Boulevard. We would be in jeopardy should an emergency occur within our section of Branchway Road at the same time as an accident blocked the intersection. Emergency services would not be capable of reaching our businesses. We have a petition requesting support on this issue signed by approximately 300 individuals that travel through this intersection on a daily basis. Please let me know if my request to speak is approved. Thank you very much for your assistance. Roger A. Goad Vice President / CIO -- WFofR, Inc. rfload @ wfofr.com ph: (804) 794-2874 ext. 116 fax: (804) 379-0961 www.wfofr.com 411 Branchway Road Richmond, VA. 23236 0087 1 ofl 11/1/2001 11:05 AM CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: November 14, 2001 Item Number: lO.ri. Sub!e~; Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Fund, and Lease Purchases Coun~ Administrator's Comments: County Administrator: Board Action Ree_uested; Summar_v of Information; Preparer: ~ Title: Attachments: Yes ~ No County_ Administrator 00~ CHESTERFIELD COUNTY GENERAL FUND BALANCE November 8, 2001 BOARD MEETING DATE DESCRIPTION AMOUNT BALANCE 07/01/01 FY2002 Budgeted Beginning Fund Balance $34,772,700 *Pending outcome of FY2001 Audit Results CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT November 8, 2001 Board Meeting Date Description FOR FISCAL YEAR 2001 BEGINNING JULY 1, 2000 Amount 4/12/00 FY01 Budgeted Addition 8,400,000 (6,939,600) 4/12/00 FY01 Capital Projects 3/06/01 Return unused funds; closure of Wide Area Network Project 561 04/04/01 Transfer to Juvenile and Domestic Relations Courthouse Project (325,000) (36O,OOO) 04/25/01 Testing of Comprehensive Plan FOR FISCAL YEAR 2002 BEGINNING JULY 1, 2001 4/4/01 4/4/01 7/25/01 9/26/01 10/24/01 FY02 Budgeted Addition FY02 Capital Projects County' s Master Plan Updat~ Video equipment for Circuit and General District Courts 360 West Corridor Plan 8,800,000 (7,579,700) (85,000) (90,000) (70,000) Balance 8,812,051 1,872,451 1,873,012 1,548,012 1,188,012 9,988,012 2,408,312 * 2,323,312 2,233,312 2,163,312 * Pending Audit Results. Prepared by Acx~ouating Department October 31,2001 SCHEDULE OF CAPITAI,IZED LEASE PURCHASES Date Began APPROVED ANDEXECUTED Description Date Ends Outstanding Balance 10/31/01 '12/93 04/99 06/99 1/01 03/01 04/01 11/00 09/01 Real Property Lease/Purchase Public Facility Lease - Juvenile Courts Project School Copier Lease #1 - Manchester High School Certificates of Participation/ Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Telephone System Upgrade School Copier Lease #2 - Manchester High School School Copier Lease #3 - Chester Middle School School Server Lease TOTAL APPROVED AND EXECUTED $17,510,000 16,100,000 43,587 13,725,000 1,222,411 20,268 20,268 278,372 $48.919.90~6 12/01 11/19 05/04 11/21 03/05 03/06 09/05 07/05 $ 1,260,000 14,490,000 24,680 13,725,000 643,093 18,645 17,233 216,106 $30,394,757 PENDING EXECUTION Description None Approved Amount *Second Refunding of Certificates of Participation, Series 1985 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 14, 2001 Item Number: lO.]~. Sub!ect: Roads Accepted into the State Secondary System County_ Administrator's Comment~; County Administrator: Board Action Requested; Summary of Information: Lisa H. Elko Clerk to the Board Attachments: Yes [---] No 0095 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: November 14, 2001 Item Number: Subject: CLOSED SESSION County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Closed session pursuant §2.2-3711(A) (7), Code of Virginia, 1950, amended, for legal advice by counsel involving Chippenham Johnston-Willis Hospitals, Inc. v. Peterson, et al. as Preparer: Steven L. Micas Attachments: [~] Yes No Title:county Attorney 0505:55306.1 # CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin~l Date: November 14, 2001 Item Number: 1~. Subject: Dinner Meeting with the Legislative Delegation and Discussion of the Proposed 2002 Legislative Program County Administrator's Comments: County Administrator: Board Action Requested: None Summary of Information: The purpose of this meeting is for the Board of Supervisors to discuss legislative objectives and concerns for the 2002 General Assembly with the County's Legislative Delegation. Additionally, staff will schedule a public hearing for the proposed changes to the County Charter for November 28, 2001. Preparer: I~a~nn Curtin Title: Director, intergovernmental Relations Attachments: Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: November 14, 2001 Item Number: 15.A. I I Subiect: Recognition of David C. Creasy, Sr., Upon His Retirement, After Serving The County For 27 ~ Years With Dedicated Service To Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution Summary of Information' Steve A. Elswick Title: Fire Chief Attachments: Yc$ ~--~No 009~ RECOGNIZING MR. DAVID C. CREASY, SR. UPON HIS RETIREMENT WHEREAS, Senior Battalion Chief David C. Creasy, Sr., retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on November 1, 2001; and WHEREAS, Chief Creasy attended Recruit School Number Four in 1974 and has faithfully served the County for over twenty-seven years in various assignments, as a Firefighter and Fire Lieutenant at the Ettrick Fire Station; Fire Instructor in the Safety and Training Division; Supervisor in the Emergency Communication Center, Fire Inspector, Fire Investigator, Deputy Fire Marshal and Fire Marshal in the Fire and Life Safety Division; and Regional Commander and Senior Battalion Chief in the Emergency Operations Division; and WHEREAS, Chief Creasy, in 1975, took it upon himself to attend training and obtain certification as a Scuba Diver, then proceeded to be one of the founding members of the Chesterfield Fire Department Scuba Team; and WHEREAS, Chief Creasy was recognized in 1976 as Chesterfield Fire Department's Outstanding Firefighter of the Year, and recognized in 1983 as the Chesterfield Fire Department's Employee of the Year; and WHEREAS, Chief Creasy attained numerous certifications from the Virginia Department of Fire Programs during his career, including Firefighter II, Fire Instructor III, Hazardous Materials Operations, Fire Officer I, Fire Inspector II and Fire Investigator II; and WHEREAS, Chief Creasy is a registered Emergency Medical Technician, a Virginia Certified Fire Official through the State Board of Housing and Community Development, and is internationally certified as a Fire Investigator through the International Association of Arson Investigators; and WHEREAS, Chief Creasy worked as a dependable employee for over twenty- seven years including using no sick leave in 1976 and 1990; and WHEREAS, Chief Creasy has worked as a team member on six National Association of Counties Awards and the Senate Productivity Award, and received a Unit Citation Award for Exemplary Service and Commendable Performance of Duty during department operations at the Old Buckingham Apartments fire; and WHEREAS, Chief Creasy secured the first Richmond Metro Fire Investigation Agreement and developed and maintained a fire department history exhibit within the County Museum. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Senior Battalion Chief David C. Creasy, Sr. and extends, on behalf of its members and the citizens of Chesterfield County, appreciation for his dedicated 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 Chief Creasy, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. 0099 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November 14, 2001 Item Number: 15.B. Subject: Resolution Recognizing the Chesterfield Baseball Clubs National Pony Team for Its Outstanding Accomplishments and Sportsmanship County Administrator's Comments: County Administrator: Board Action Requested: Adopt the attached resolution. Summary of Information: Mrs. Humphrey requested that the Board of Supervisors commend and recognize the Chesterfield Baseball Clubs National Pony Team for their achievements of winning First Place in the District, Sectional, Regional and the East Coast Zone Tournaments which qualified them for the Pony Baseball's World Series in Washington, Pennsylvania. With an overall record of 19-4, they finished as the American Champion and World Series Runner-up. Michael S. Golden Attachments: Yes [----] No Title: Director, Parks and Recreation 0100 RECOGNIZING THE 2001 CHESTERFIELD BASEBALL CLUBS NATIONAL PONY TEAM FOR THEIR OUTSTANDING ACCOMPLISHMENTS AND SPORTSMANSHIP WHEREAS, participation in sports has lonH been an integral part of Chesterfield County's educational, physical, and emotional development for students; and WHEREAS, the 2001 Chesterfield Baseball Clubs National Pony Team, coached by Mr. Mark Mitchell, Mr. Rob FileHar and Mr. Tim Grider participated and finished First Place in the District Tournament, Sectional Tournament, Regional Tournament and the East Coast Zone Tournament; and WHEREAS, by winning the East Coast Zone Tournament, the team advanced to the Pony Baseball's World Series in WashinHton, Pennsylvania, a tournament consisting of teams from California, Illinois, Pennsylvania, Puerto Rico, Texas, Chinese Taipei, and Virginia, where the team finished as the American Champion and World Series Runner-up; and WHEREAS, under the guidance and direction of Mr. Mitchell, Mr. Filegar and Mr. Grider, the team had an overall won-lost record of 19-4 and included players: Zac Abrahamson, Alan Buford, Ryan Filegar, Zac Gregory, Willie Grider, Danny Hunter, Chris Jackson, Mark Krakoviak, Eric Laidlow, Rusty Linville, Spencer Marusco, Sean Mitchell, Dallas WaHner and Josh Windom. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the 2001 Chesterfield Baseball Clubs National Pony Team for their outstanding representation of Chesterfield County, commends them for their commitment to excellence in academics as well as athletics, and expresses their best wishes for continued success. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 4 AGENDA Meeting Date: November 14, 2001 Item Number: [6.A. Subject: Public Hearing for Zoning Ordinance Amendment Relating to Manufactured Home Park Districts County Administrator's Comments: /~)~--,~E~f~ ~~'~~~ County Administrator: Board Action Requested: Planning Commission and staff recommend adoption of attached Zoning Ordinance Amendment relating to Manufactured Home Park Districts and authorize the County Administrator to prepare a Substandard Manufactured ~ousing Strategy. Summary of Information: Planning Staff and the Planning Commission have worked with residential and business leaders, manufactured home park owners, their representatives and residents to design a four-part strategy that is intended to: · Improve the living conditions within the manufactured home parks, and · Assist in the revitalization and improvement of the surrounding communities where manufactured homes exist. The Planning Commission, after 5 work sessions and 3 public hearings unanimously recommends approval of the attached ordinance amending the MH-1 Zoning District, creating the MH-3 Zoning Distr~d//~ ~~/~~~re~ amendments. Preparer: _ Thomas h~pc'-/'/obson Title: Director of Plannin.q C:DATNAGENDN2001/NOV1401.1 Attachments: I Yes --I No # ~ 010~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 4 The Planning Commission voted 4-1, with Mr. Gecker voting no, to recommend approval of the Substandard Manufactured Housing Strategy. The following four part program to address the issues within the manufactured home parks is recommended: 1. Continue proactive inspection of the existing manufactured home parks for violations of existing regulations 2. Amendment to the MH-1 Zoning District and associated Ordinance Changes 3. Create a standards new MH-3 Zoning District with modern 4. Pursue substandard parks with more aggressive code enforcement or redevelopment 1. Pro-Active Code Enforcement · The Planning, Building Inspection and Police Departments have been actively inspecting the manufactured home parks since May 1999 and have inspected 18 parks. · To date, approximately 588 violations have been identified and corrected. · Violation types include: unlicensed and inoperable vehicles; discarded material; decks, porches and steps without handrails, improperly installed electrical connections, etc. · Staff will continue this program with reinspection of parks that have already been inspected as these violations often reoccur. 2. Amend M H-1 Ordinance Currently, MH-1 standards are not imposed when a manufactured home is moved in. If the attached ordinance is adopted, new standards will be imposed when a manufactured home is replaced within the park as described below. 0103 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 4 Proposed standards can be broken down into two categories (see attached Ordinance for all proposed standards): A. Individual Home Standards 1. Apply when home is moved in 2. 16 foot spacing between units, 8 foot spacing from neighbor's sheds and 6 foot spacing from deck to deck 3. Homes setback from internal streets 10 foot (or reduced to 5 foot if sidewalks exist or are installed) B. Park Wide Standards Apply after a significant number of homes have been replaced 16 foot wide paved street Emergency access and Boulevard type main entrance is necessary for parks exceeding 10 acres. Existing MH-1 standards were eliminated or reduced to ensure that imposition of the MH-1 zoning standards would be practical. Standards such as, landscaping, recreation facilities, minimum lot requirements, underground utilities, street width and park setbacks, were reduced or eliminated. With adoption of the attached MH-1 ordinance amendments, individual manufactured homes will be nonconforming when all MH-1 standards are not met. 3. Create MH-3 Ordinance The MH-1 zoning requirements, if amended, would only apply to existing manufactured home parks. Therefore, an MH-3 district is proposed with new modern standards for new parks. These standards include: · 6 dwelling units per acre · Recreational area and equipment · Street trees · Sidewalks · Streetlights · Underground utilities 4. Develop a Substandard Manufactured Housing Strategy A two-phase program for the improvement of manufactured home parks 0104 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 4 of 4 with significant health, safety, and welfare issues is proposed. It is recommended that the County first develop an expanded proactive code enforcement program requiring improvement to the physical conditions of homes and parks as required by existing and proposed new codes. If the Board of Supervisors decides that this program is not sufficient, they can further direct staff to prepare Phase II - the redevelopment program- for consideration. An outline of the major steps of this program is presented in the attached Substandard Manufactured Housing Strategy. Detailed Documents Attached: 1. Article: Planners Seek Mobile Home Park Improvements 2. Manufactured Home Park Chart 3. Impact of Proposed MH-1 Standards graphic 4. Substandard Manufactured Housing Strategy 5. Ordinance to Amend the Code of Chesterfield Relating to Manufactured Home Parks District ATTACHMENT 1 Planners seek. mObil'e home 'Park' imProvements BY DAVE GOODE Proposed changes to Cl~esterfield County's mobile, or man ufactured, home park ordinance have bccn dc'~gned to improve li~4ng conditions for residents and to assist in revitalizing the surrounding community. "We are making improvements in our older neighborhood and bnsincss arm and we need to make improvements in our mobile home parks, too,' said Tom Jacol~on. director, Chesterfield Court ty Planning Department. Members of the Manu Pactun~l Home' Park Committee, which includes Planning Commission. members and Planning Department staff, have held public meetings to discuss ways to improve thc mobile home parks. Thc committee also has toured numerous mobile home parks and held meetings with residents, park owners and members o£ the Jefferson Davis Association, a community organiza- tion working to make improvements along tbeJefferson Davis Highway corridor, where several mobile home parks are located. There are approximately '28 mobile home parks in Chesterfield. The parks include from three to more than ~ lots. Currently, there are approximately 2082 mobile homes located in park.,; in Chester- field. Some mobile homes and parks are relatively new, while others are 50 years old and oklcr, Jacobson said. Public safety ~n issue "The intention is to make mobile home parks safer and better places to live," said Harp/L Marsh, vice chairman of the Planning Commission and member of the Mamffactured Home Park Committee. '1 realize there are some quality mobile home parks in the county, but th ere also are some that need work,' Marsh said. -Marsh said that living conditions in some parks appeared inadequate. In some park& mobile homes were so closely located that it posed fire hazards, and lire trucks and ambulances would have difficulty reaching some residences, headded. Chesterfield has been studying ways to improve mobile home parks for several Four major elements have been consid- ered in designing an overall strategy to improve the parks. They include:. ~. Amending the Mobile Home Park-I (MH- 1) zoning district for existing parks to set more practical standards. ~. Establishing a new Mobile Home Park-3 (MH-3) zoning district containing modern standards to be ttsed for new mobile home park development 4, Establishinga program to redevelop several older mobile home parks ~.Continuing with proactive mobile home park inspections by the Building Inspection and Planning departments. To make it practical to achieve improve-. ments to existing parks in the MH-1 district, some existing standards would be reduced or eliminated, and some new standards would be adopted. Some of the standards in the amended MH-1 zxming district would include allowing only one family per manufactured unit; making the minimum pad site no less than ~ feet wide and no less than ~ SCltmre feet; seuing the minimum street width at 16 feet; paving roads; and adding perimeter landscaping. Several new procedures would be adopted as well A park developer woold have to submit a park plan to the director of planning within 90 days of the adoption of the amended ordinance to be considered for approval in a MH-I district. After 90 days, MH4 standards would be used for existing parks only. Existing individual munufac- tured homes would be considered non- conforming, and improvements toward the amended MH-I standards would be made as homes are replaced. No mobile homes will be ihrced to move asa result of the proposed ordinance changes. Modern standards, redeveloPment where needed The new MH-8 zoning district, which will be used for aH new mobile home park development, has several modern stan- dards, including a maximum of six units per acre, underground utilities, and trees and Ugh ting along streets. The committee has recommended that several older parks be redevdoped. The county wonid use public fund~ to purchase parks that havesignificant health and safety issues. The residems of these parks would be relocated to sound houaing and the site would be redeveioped in accor- dance with the county's coml~hensive plan. Proactive code enforcement In May 1999, a joint project between the Building inspection and Planning depart- ments b~gan in order m inspect all of the county's mobile home parks. In the initial 10 parks inspected, W/0 vinlations w~re cited. Proactive enforcement will be a key to maintaining the mobile home parks once improvemema are made, stdd Phillip G. Cunningham, a member of the Planning Commission who sevves on thecommittee studying how to improve the par~ 'some of these parks did not get in these conditions overnight and they probably won't be imprcnn~ overnight,' Cunningham said. 'We n¢~l to take a balanced approach because for some people their next step could be homelessnesa, and that is not the intent,' Cmmingham said. The goal is m make improvements to mobile home parks over time and grad u- ally improve tl~ living conditions in the parks, he said. The commiuce plans to contin ueconducting public meetings as it studi~ the proposed chang~ to Ch~terf'~ld'a mobile home park ordi- 0106 ATTACHMENT 2 0~.07 ATTACHMENT $ Impact of Proposed MH-1 Standards Proposed MH-1 Standards # of Standards NEWER PARKS SOME WORK REQUIRED pARKS WITH HEAl.TH. SAFETY ISSUES PROPOSED FOR 010~ A TTA CHMENT 4 Substandard Manufactured Housing Strategy A two-phase program for the improvement of manufactured home parks with significant health, safety, and welfare issues is proposed. It is recommended that the County first develop an expanded proactive code enforcement program requiring improvement to the physical conditions of homes and parks as required by existing and proposed new codes. If the Board of Supervisors decides that this program is not sufficient, they can further direct staff to prepare Phase II - the redevelopment program- for consideration. An outline of the major steps of this program is presented below. Increased Proactive Code Enforcement The Planning, Building Inspection, Police and other County Departments are systematically inspecting manufactured home parks and enforcing current County building, zoning and other adopted codes. Currently, 18 parks have been inspected with the following results: No homes have been condemned or demolished within legally operating parks, Two illegal parks have been closed, 588 violations for unlicensed vehicles, discarded material and minimum building code requirements have been corrected. The purpose of this Phase I program will be to research and assess the impact of additional health, safety, welfare codes with an accelerated inspection and enforcement program in order to improve the living conditions within substandard parks. Initial Survey of Substandard Parks Document physical, environmental conditions Document health, safety, and welfare issues Document comprehensive plan and zoning for park and surrounding property. Document unit ownership(owner occupied or rental) Research and assess the impact of additional health, safety, and welfare codes ( to include - spot blight abatement, mandatory smoke detectors for owner occupied units, other new codes) Estimate the number of substandard units to be removed or substantially renovated Identify relocation requirements for residents and estimated public costs Assess staffing issues o OB Prepare staff report and recommendation Board of Supervisor's review and decision Approve, modify, or deny program Decide if Board desires to consider Redevelopment Program PHASE II Dilapidated Manufactured Home Park Redevelopment The purpose of this Phase II program is to research and assess the impact of a program to redevelop certain parks that have significant health, safety, and welfare issues. There are two objectives for this program: 1) to improve living conditions for the residents of these parks through relocation to alternative sound homing, and 2) to assist in the revitalization and improvement of the surrounding community. The following is an outline of the steps necessary to prepare a detailed proposal for the redevelopment of the dilapidated manufactured home parks. Review data and information collected in the Code Enforcement Program proposed above. 2. Assess redevelopment potential of each candidate park Comprehensive Plan Market factors Utilities and access 3. Assess relocation requirements for current residents If the relocation of individuals and families will be undertaken through the use of Community Development Block Grant funds, all actions will adhere to the requirements of the Federal Uniform Relocation Act Prepare financial estimates for alternative redevelopment options Land and infrastructure purchase Home purchase Relocation Property demolition and preparation New infrastructure Resale 5. Research partnerships with private organizations to implement redevelopment program o Prepare list of public programs available to owners who desire to redevelop land Rezoning assistance Economic development programs Olio 8. 9. 10. Analyze redevelopment program options Select redevelopment program Staffing issues and recommendation Board of Supervisors hearing, consideration, and decision Prepared by Chesterfield County Planning Department: 8/2001 Oili COUNTY OF CHESTERFIELD VIRGINIA MEMO TO: FROM: DATE: RE: Chesterfield County Planning Commission (By Facsimile) Andrea Wortzel, Assistant County Attorney o~C~L3' May 4, 2001 Tools Available to Address Nuisance and Blight As we discussed at your April 17 work session, there are a number of tools currently available to the County to address blight and nuisance. Attached is a list of these tools, which were previously discussed with the Manufactured Home Committee. This list does not evaluate issues relating to implementation of the tools such as cost, staffing requirements, policy implications or the impact on individuals or property. cc: William Dupler, Building Official Tom Jacobson, Planning Director Ted Barclay, Planning Department 2014:53082.1 TOOLS AVAILABLE TO ADDRESS NUISANCE AND BLIGHT WITHIN CHESTERFIELD COUNTY Tools Currently Available Building Official can remove, repair or secure any building or structure which poses a danger to public health or safety. Building Official can also remove any defacement that is visible from a public right of way. Building Inspection Department can require property owners to remove, repair or secure buildings or structures that are "bawdy places" or that are causing or contributing to "drug blight." A "bawdy place" is "any place within or without any building or structure which is used for lewdness, assignation or prostitution." "Drug blight" is defined as "the regular presence on property or persons who are under the influence of controlled substances; or the regular use of the property for purposes of illegally possessing, manufacturing or distributing controlled substances." The County is authorized by state law to compel the abatement or removal ora public nuisance. If the nuisance presents an immediate and imminent threat to life or property, the locality may take the action itself and charge the cost of abatement to either the owner, occupier, or possessor of the premises. For purposes of this prOvision, public nuisance includes "dangerous or unhealthy substances which have escaped, spilled, been released or which have been allowed to accumulate in or on any place and all unsafe, dangerous, or unsanitary public or private building, walls, or structures which constitute a menace to the health and safety of the occupants thereof or the public." The County through its police power can take immediate action to eliminate certain serious health; safety and welfare problems. For example, Virginia Code § 15.2-2307 gives counties specific authority to impose conditions on private roadways within multifamily residential developments to guarantee access for emergency vehicles. The County can purchase property for public use. [Note: economic development does not currently qualify as a public use]. The County can condemn property for public use. [ Note: economic development does not currently qualify as a public use.] G. County may have inoperable vehicles, refuse, litter and other discarded materials removed from private property. County can mow grass or weeds taller than 12 inches that are growing on private property. OllB County requires landlords to install smoke detectors in rented dwelling units and to maintain the smoke detectors in good working condition. The County could intensify its enforcement of the building maintenance code and the zoning ordinance. Tools Available if Adopted by Ordinance Spot blight abatement. The County could adopt an ordinance to condemn residential property to eliminate specific health, safety and welfare problems, so long as the property retains its residential use (residents may only be temporarily displaced). As part. of a spot blight abatement program, the Planning Commission must hold a public hearing and make a determination on each of the following issues: Is the property blighted? Has the owner failed to cure the blight or present a plan? Is the plan for the repair/disposition of the property in accordance with the comprehensive plan, zoning ordinance, and other applicable land use regulations? Is the property located in an area listed on the National Register of Historic Places? The Planning Commission then sends a report of its findings to the Board of Supervisors which approves or disapproves the blight abatement plan. If the blight abatement plan is approved, the County can initiate condemnation proceedings to implement the plan, subject to the appropriation of necessary funds. Enter into an agreement with the Richmond Redevelopment and Housing Authority to use their condemnation authority when the County lacks authority. Co Enter into an agreement with the Industrial Development Authority to purchase property for economic development or other purposes that are not within the County's condemning authority. Enter into an agreement with a community development corporation to use their purchasing authority when the County lacks authority. E. Form a County Redevelopment and Housing Authority. Enforce a landlord's statutory obligations, in a manufactured home park where units are rented, to: 2 2014:53100.1 0i14 Complete repairs and maintenance sufficient to keep parks in a fit and habitable condition, including maintaining all common areas in a clean and safe condition; Maintain all electrical, plumbing, sanitary, heating, ventilating, air conditions and other facilities and appliances supplied by landlord; Maintain waste receptacles; Provide access to electric, water and sewage disposal connections for each manufactured home park space. Adopt an ordinance requiring installation of smoke detectors in any building containing one or more dwelling units. Require home owners to certify to County that smoke detectors are in place. 2014:53100.1 3 0115 ATTACHMENT 5 ORIGINAL AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-41, 19-100, 19-113, 19-114, 19-115, 19-116, 19-117, 19-123, 19-173, 19-178, 19-194, 19-503, 19-505, 19-510, 19-513, 19-523, 19-551, 19-552, 19-553, 19-554, 19-555, 19-556, 19-557, 19-573, 19-575, 19-578, 19-582, 19-594, 19-595, 19-602, 19-604, 19-608, 19-609, 19-611, 19-612 AND BY ADDING AND ENACTING SECTIONS 19-114.1, 19-117.1, 19-117.2, 19-122.1, 19-122.2, 19-122.3, 19-122.4, 19-122.5, 19-122.6, 19-122.7, 19-122.8 AND 19-508.2 RELATING TO MANUFACTURED OR MOBILE HOME PARK DISTRICT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-41, 19-100, 19-113, 19-114, 19-115, 19-116, 19-1]7, 19-123, 19-173, 19-178, 19-194, 19-503, 19-505, 19-510, 19-513, 19-523, 19-551, 19-552, 19-553, 19- 554, 19-555, 19-556, 19-557, 19-573, 19-575, 19-578, 19-582, 19-594, 19-595, 19-602, ]9-604, 19-608, 19-609, 19-611 and 19-612 of the Code o_f the County of Chesterfield, 1997, as amended, are amended and re-enacted and that Sections 19-114.1, 19-117.1, 19-117.2, 19- 122.1, 19-122.2, 19-122.3, 19-122.4, 19-122.5, 19-122.6, 19-122.7and 19-508.2 of the Code o_f the County of Chesterfield, 1997, as amended, are added and enacted to read as follows: Sec. 19-41. Districts enumerated. (a) For the purpose of this chapter the county is hereby divided into districts as follows: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) ( 13) (-1-314) ( 15) (-t-516) (-t-617) (-1-718) R-88 Single-Family Residential District. R-40 Single-Family Residential District. R-25 Single-Family Residential District. R-15 Single-Family Residential District. R- 12 Single-Family Residential District. R-9 Single-Family Residential District. R-7 Single-Family Residential District. R-TH Townhouse Residential District. R-MF Multifamily Residential District. MH-1 Manufactured err-Mobile Home Park District. MH-2 Manufactured ryr-Mobite Home Subdivision District. MH-3 Manufactured Home Park District. A Agricultural District. O-1 Neighborhood Office District. 0-2 Corporate Office District. C-1 Convenience Business District. C-2 Neighborhood Business District. C-3 Community Business District. Ol1 3 (+819) C-4 Regional Business District. (-1-920) C-5 General Business District. (-2021) I-1 Light Industrial District. (~1-22) I-2 General Industrial District. (-2-223) I-3 Heavy Industrial District. (b) Residence or residential districts, referred to as R Districts, include the R-88, R-40, R-25, R-15, R-12, R-9, and R-7,--Mt-tq-and N~I-2 Districts. Manufactured home districts, referred to as MH Districts, include the MH-1, MH-2 and MH-3 Districts. Townhouse residential districts include the R-TH Districts. Multifamily residential districts include the R-MF Districts. Office districts, referred to as O Districts, include the O-1 and 0-2 Districts. Business districts, referred to as C Districts, include the C-l, C-2, C-3, C-4 and C-5 Districts. Industrial districts, referred to as I Districts, include the I-1, I-2 and I-3 Districts. Agricultural districts include the A District. 000 Sec. 19-100. Manufactured or-mobile homes prohibited except Under certain conditions. The board of supervisors may grant a permit, with or without conditions, for the original location of a temporary manufactured or-mobile home in an R-7 District and the permit shall specify the location of such home on the premises and shall .assure compliance with county health and sanitary requirements. The permit shall be valid for up to seven years. At the expiration of the tim~ specified on the permit, an application may be made for renewal of the manufactured or mobile home permit. OOO DIVISION 13. MH-1 MANUFACTURED HOME PARK DISTRICT Sec. 19-113. Permitted uses by right. The following uses shall be permitted by right in the MH-1 District: (a) Manufactured or-mobile home parks. (b) Group homes. Provided, however, that after (insert date of approval) MH- 1 zoning shall no longer be granted by the Board of Supervisors. However, property that is not zoned MH-1 but has been granted a conditional use or conditional use planned development to permit a manufactured home park use may be rezoned MH-1 if such rezoning application is filed by (insert date 6 months after date of approval). 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 2 011'2 Sec. 19-114. Accessory uses, buildings and structures. The following accessory uses, buildings and structures shall be permitted in the MH-1 District: Any accessory uses, buildings and structures permitted in the R-88 District. Sec. 19-114.1 Accessory use required conditions. Accessory_ buildings or accessory structures shall not be located within the r~quired park setbacks specified in Sections 19-117(b) and (c). (b) Setbacks from the street or travel way for accessor~ buildings and accessory_ structures shall be the Same as that for the principal building. Sec. 19-115. Conditional uses. The following uses may be allowed by conditional use in the MI-I-1 District, subject to the provisions of section 19-13: (a) Group care facilities. (b) Planned developments. (c) Subject to the following requirements, other uses which are not specifically enumerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. Based on these considerations, he shall determine that the proposed use's operating characteristics are substantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. Sec. 19-116. Special exceptions. The following uses may be allowed as special exceptions in the MH-1 District, subject to the provisions of section 19-21: None. 2014(22):52670. l(see also 51991.1) 3 6/26/01 10:36 AM Sec. 19-117. Required conditions. (a) Park access. .... ~-:'- home park of more than ten acres shall have A manufactured or ,,,,~,,,~ more than one public street or travel way access to ensure that emergency services may be provided to the park and to secure safe and efficient access for all traffic. This requirement may be satisfied in the following ways: The park has a paved boulevard entrance of at least 45 feet in width, with minimum lane widths of 18 feet each; and The park has an emergency access that meets the following criteria: (ii) (iii) (iv) (v) (vi) (vii) the access is at least twelve feet in width, with an additional clear area of three feet beyond the edge of pavement; the area above the pavement has a vertical clearance of a minimum of 14 feet; the minimum turning radius for any curve is 42 feet; the access is constructed of all weather material; the access is gated with one panel at least 12 foot wide by three foot tall constructed of painted 2 inch tubular steel and the panels are secured by a heavy_ duty steel chain and a Knox padlock as approved by the Chesterfield County Fire Department; the access is adequately maintained; and the access is not used for parking; or Park owners may seek relief from this requirement by applying for a development standards waiver in accordance with section 19-19. (b) Front yard required. The minimum front yard of a manufactured or-mobile home park adjacent to a public street or travel way shall be 50 feet, such distance to be measured between the front property line and the nearest manufactured or-mobile home or other structure, excluding gazebos, fountains or other decorative features not associated with an individual home or recreation area. (c) Side and rear yards required. The minimum side and rear yards of a manufactured or mobitc home park shall be 15 feet, such distance to be measured between the park property line and the nearest manufactured homeTmobitg-l'mm~ or other structure. The planning director shall reduce this setback down to five feet 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 4 (d) (e) (1) if he determines that the park is adjacent to natural drainage areas or other features that will function as visual separation of the park from adjacent uses; (2) if he determines that existing or proposed landscaping or an existing or proposed alternating solid board fence is sufficient to provide a visual separation of the park from adjacent uses; or (3) if the park is adjacent to a property or properties that are either zoned or designated in the Comprehensive Plan for nonresidential uses. Density requirements. Density shall be limited to no more than eight units per acre of gross par area. Spacing requirements. a manufactured home, homes shall be placed so that, at the nearest point, they shall be at least eight feet from structures accesso~ to other manufactured homes and 16 feet from any other ~ manufactured home,atta~,,,,,v,,,- .... ' ........ thereto or ~ ~. The planning director may r~uce the spacing between manufactured homes to 10 feet when the homes .are placed end to end and no other practicable alternative is available. For the purpose of the spacing requirements, a manufactured or-mobile home includes any attached, enclosed structure. Detached endmed carports or garages and storage structures are not considered to be part of the manufactured or-mobile home ,,~,, Attached accessory structures such as decks, porches and carports must be placed so that, at the nearest point, they shall be at least 6 feet from any other manufactured home or 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 5 011gO (0 (g) Placement. (h) Parking. (i) 1:% accessory_ structure attached to any other manufactured home. Recreation area required. ,,,~,~ ,,~ p,,~,,,. ~y recreational areas that are provided shall be adequately maintained. They shall be kept free from items that would render the recreation area unusable such as impediments, manufactured homes, other non-recreational structures, weeds, or junk. puu,~ uu. ty ca~,,,~,,,, set back a minimum of 10 feet, exclusive of the hitch, or 5 feet inclusive of the hitch ifa sidewalk is provided, measured from the edge of the street, or, for those parks without paved streets, from the edge of the travel way. Manufactured homes shall not obstruct the use of any street, travel way, sidewalk, or public utility easement. For each manufactured home, parking area shall be provided sufficient to accommodate two standard size motor vehicles.~-,,' ' ,ta~,' .... ,,~,-, i-,a,-,,,~ ,,al ~,-~., ~a,~t, ,~,,,,,~** consirucUon. Mea to park one vehicle may be in a consolidated parking area within the manufactured home park. ~1 required parking areas shall be of hard-surface, dustless construction. Park driveways streets. All manufactured ormobite homes spaces shall abut upon a park ~ street of not less than -24 16 feet in width or a parking area adjacent to a ~ street. Parking is prohibited within park ~ streets. Park ~ streets shall have unobstructed access to a public street or highway. All Park driveways streets shall be constructed of ,la, u-au,,au~, uuautaa COiiSti-dCtiOl, bituminous concrete, concrete, or other similar material. k'iab~u uiiuti ~l UUSlU. mas saiiitai-y- Vv-aS[¢ v4atei 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 6 O1; i ([) Refuse disposal. Any common refuse storage and disposal areas provided by park management shall be maintained so that they do not adversely affect public health and safety. Such areas are subject to the requirements of Section 19-503. (Lk) Skirts required. All manufactured ~ homes shall be completely skirted in accordance with the Uniform Statewide Building Code. 19-117.1 Recreational vehicles Recreational vehicles shall not be permitted as dwelling units in a manufactured home park unless they are already permitted by zoning approval or are non-conforming 19-117.2 Manufactured home representative layout required. Unless the park has already obtained an approved site plan, ~rall manufactured home parks shall submit a representative layout to the director of planning within 90 days of (insert approval date of ordinance). The purpose of this layout is to provide the general layout but not to establish precise measurements. This layout is required so that the director of planning can monitor changes to nonconforming parks. The layout shall depict: .(a) The name and street address of the manufactured home park; (b) The present land use classification of the manufactured home park and the approximate size of the tract making up the manufactured home park provided that this approximate size shall be used to determine the density of the park; The names, addresses, telephone numbers and facsimile numbers of the owner or owners of record of the manufactured home park and the person preparing the plan provided that there is no requirement that the person preparing the layout be a surveyor or engineer or that the layout be certified; 2014(22):52670.1 (see also 51991.1) 6/26/01 10:36 AM 7 0122 (d) The date, approximate north point, and approximate scale, provided that the scale shall be approximately one inch equals 50 feet or larger; (e) The general location and widths of streets, travel ways, sidewalks, and any entrances or exits. Additionally, copies of any recorded public utility easements shall be attached to the layout; (f) The general location, and approximate size of all buildings and structures (not including manufactured homes and accessory_ structures) within the manufactured home park; The general location and method of screening of any common solid waste storage areas provided to the residents within the manufactured home park; (h) The general location of exterior boundary_ lines of the manufactured home park; The general location and address of individual manufactured homes, accessory structures (both attached and detached), and individual and consolidated parking areas; and ~j) The general location and size of any recreation area. ooo DIVISION 14.1 MH-3 MANUFACTURED HOME PARK DISTRICT Sec. 19-122.1 Permitted uses by right. The following uses shall be permitted by fight in the MH-3 District: (a) Manufactured home parks. (b) Group homes. Sec. 19-122.2 Uses Permitted with certain restrictions. The following uses shall be permitted in the MH-3 District subject to compliance with any conditions specified herein and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to Section 19-13: (a) Uses permitted with restrictions in the R-88 District. ooo 2014(22):52670.1(see also 51991.1) 8 6/26/01 10:36 AM 01 3 Sec. 19-122.3 Accessory uses, buildings and structures. The following accessory uses, buildings and structures shall be permitted in the MH-3 District: Any accessory_ uses, buildings and structures permitted in the R-88 District. Sec. 19-122.4 Accessory use required conditions. Accessory_ buildings or accesso _ry structures shall not be located within the required park setbacks. (b) Setbacks for accessory buildings and accessory_ structures on individual lots shall be as follows: (1) Front yard. Minimum of 20 feet, (2) Side yard. Minimum of 5 feet, (3) Comer side yard. Minimum of 20 feet, (4) Rear yard. Minimum of 5 feet. Sec. 19-122.5 Conditional uses. The following uses may be allowed by conditional use in the MH-3 District, subject to the provisions of section 19-13: Group care facilities. bLb_) Planned developments. Subject to the following requirements, other uses which are not specifically enumerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of' operation. Based on these considerations, he shall determine that the proposed use's operating characteristics are substantially similar to, and its impact on 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 9 0124 neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. Sec. 19-122.6 Special exceptions. The following uses may be allowed as special exceptions in the MH-3 District, subject to the provisions of section 19-21: None. Sec. 19-122.7 Required conditions. (d) Park size and access. A manufactured home park shall contain at least ten acres and shall have more than one public street access. Front yard required for the manufactured home park. The minimum front yard of a manufactured home park adjacent to a public street shall be 50 feet, such distance to be measured between the front property line and the nearest manufactured home or other structure. Perimeter landscaping C shall be installed and maintained within this fifty (50) foot area in accordance with Division 3 of the Development standards manual (County Code §§ 19-516 through 19-519). Side and rear yards required for the manufactured home park. The minimum side and rear yards of a manufactured home park shall be 15 feet, such distance to be measured between the park property line and the nearest manufactured home or other structure. Side and rear yards shall contain a screen, fence or landscape planting which shall be designed and planted to be 50 percent or more solid when viewed horizontally between two and six feet above average ground level. The planning director may modify_ this requirement if topography or other natural features present would render this screening requirement ineffective. Density requirements. Density shall be limited to no more than six units per acre of gross park area. Each lot for an individual unit shall not be less than 4,000 squ_a_re feet in area and shall not be less than 58 feet wide. Manufactured homes shall be placed in pad sites so that, at the nearest point, they shall be at least 20 feet from all streets (internal and external) and parking areas and 30 feet from other manufactured homes. The setback requirements for manufactured homes shall be as follows: (1) Front yards. Minimum of 20 feet, (2) Side yards. Minimum of 15 feet, 2014(22):52670.1(see also 51991.1) 6/26/01 10:36 AM 10 (k) (m) (3) Corner side yard. Minimum of 20 feet, (4) Rear yard. Minimum of 15 feet. Recreation area required. At least ten percent of the gross park area shall be designated and reserved for suitable recreational areas. Fii~y percent of such areas shall be provided outside of any established floodplain and shall have a slope of not more than five percent. Sufficient recreational equipment, such as swing sets, seesaws, picnic tables, benches, sandboxes, shall be installed within this area based on a plan approved by the director of planning (in conjunction with or as part of the site plan). Recreational equipment shall be designed, constructed and maintained to be safe, with no protruding bolts or sharp edges that may result in injury. All required safety fall zones and surfacing standards shall be met. Placement. All manufactured homes shall be placed in a designated pad sites and shall not obstruct the use off or overhang, any street, sidewalk or public utility easement. Parking. At least two parking spaces shall be provided within each manufactured home pad site. All required parking areas shall be constructed of bituminous concrete, concrete or other similar material. Park streets. All manufactured home pad sites shall abut upon a park street of not less than 24 feet in width or a parking area adjacent to a street. Parking is prohibited within park streets. Park streets shall have unobstructed access to a public street or highway. All park streets shall be constructed of bituminous concrete, concrete or other similar material. Underground utilities. All telephone, electrical distribution, water, fuel and other utility lines shall be placed underground. All sanitary waste water connections shall be located beneath the respective manufactured home. Refuse disposal. The storage and collection of refuse shall not create a health or fire hazard. All refuse shall be stored in flyproof, watertight, rodent proof containers, which shall be provided in sufficient capacity. The park management shall be responsible for the collection and proper disposal of all refuse. Skirts required. All manufactured homes shall be completely skirted as required by the Uniform Statewide Building Code. Street trees required. All internal streets within the manufactured home park shall be lined with trees. The trees shall have a minimum caliper of 2.5 inches. Each side of each internal street shall have the equivalent of at least one tree every_ fifty feet. The location and species will be located so that the manufactured homes may be replaced. The exact 2014(22) :52670.1 (see also 51991.1) 6/26/01 10:36 AM 11 location and species shall be determined in conjunction with a plan approved by the director of planning. Street lights required. Street lighting shall be installed in manufactured home parks at intersections of internal streets. Street lighting shall also be installed in other locations as are found by the Department of Engineering to require lighting in the interests of safety and security for persons, property or traffic. Lighting shall be installed in accordance with standards approved by the Department of Engineering and shall be depicted on a plan approved by the director of planning (in conjunction with or as a part of the site plan). When possible, standards for locating street lighting shall comply with the adopted streetlight policy. 19-122.8 Site plan required. A site plan shall be required in accordance with the provisions of Article V., Division 2, County Code §§ 19-264 to19-272. OOO Sec. 19-123. Permitted uses by right. The following uses shall be permitted by right in the A District: (a) Same as specified for R-88 District. (b) Farming, not including stock or dairy farming, but including all buildings and structures necessary to such use and the keeping, storage or operation of any vehicle or machinery necessary to such use. Forestry operations and sawmills together with the incidental uses thereof. Graveyards. Kennel, private. Permanent manufactured or-mobile home: Any manufactured orm-tob~ home which is permitted by right in the zoning district in which it is located and for which a manufactured home permit or special exception is not required. OOO (c) (d) (e) (f) 2014(22):52670. l(see also 51991.1) 12 6/26/01 10:36 AM Sec. 19-173. Uses permitted with certain restrictions. The following uses shall be permitted in the C-5 District, subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to the provisions of section 19-13' OOO (k) Manufactured home, mobibx-hon~, modular home and travel trailer sales, service, repair and rental, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. OOO Sec. 19-178. Manufactured-m-mobile homes. A manufactured or inobile home used as the principal residence of the owner/operator or employee of a business located on the property will be permitted, subject to obtaining a manufactured ~ home permit from the board of supervisors. Sec. 19-194. Permitted uses by right. OOO Within any I-3 District, no buildings, structures or premises shall be used or arranged or designed to be used except for one or more of the following uses: 000 (x) Manufactured or ,,,.,o,,~ home manufacturing. Sec. 19-503. Solid waste storage areas. 000 (a) With the exception of garbage can and recycling container areas which serve single- or two-family dwellings, solid waste storage areas (solid waste storage area, garbage cans, trash compactors, recycling containers, etc.) shall be screened from view of adjacent property and public fights-of-way as follows: Solid waste storage areas on property which is adjacent to an A, R, R-TH, MH or R-MF district shall be screened from view of such district by a masonry or (1) 2014(22):52670.1 (see also 51991.1) 6/26/01 10:36 AM 13 concrete wall which is constructed of comparable materials to and designed to be compatible with the principal building that the solid waste storage area serves. However, solid waste storage areas that are located a minimum of 100 feet from the above-referenced district line may be screened in accordance with subsection (2). 000 (c) Solid waste storage areas (excluding garbage can and recycling container areas serving singe- or two-family dwellings) located within 1,000 feet of any A, R, R-TH, MH or R-MF districts shall not be serviced between the hours of 9:00 p.m and 6:00 a.m. Such areas shall be prominently posted with a sign not to exceed six square feet designating the hours in which the solid waste storage area may be serviced. 000 Sec. 19-505. Measurement of yards. (a) In any project located in an O, C or I District, required setbacks shall be measured from the project boundaries and public rights-of-way regardless of whether individual lots are created. (b) The minimum front and corner side yard depths specified herein shall be measured horizontally from the existing street fight-of-way line, except where a street is designated for widening or extension by an adopted plan, in which case the measurement shall be taken from the future right,of-way line. Yard measurements may be rounded to the nearest tenth of a foot. In determining the location of future right-of-way lines, the street shall be assumed to be widened equally on both sides of the established centerline to the full width designated by an adopted plan, unless (i) determined otherwise by the director of transportation or (ii) the department of transportation has on file an attested copy of an officially adopted detailed highway plan for such street widening, extension or location. Except for special access streets and streets reduced through the subdivision process, no street in an R-TH, R-MF, R, MH-2, MH-3 or A District shall be considered, for the purpose of this section, as having a right-of-way less than 50 feet wide and in any other district less than 60 feet wide. Each yard shall be measured horizontally to the nearest point of the building or use area, except for allowable projections. Special access streets shall be considered, for the purpose of this section, as having a fight-of-way or easement width ora minimum of 50 feet. Setbacks from special access streets shall not be required unless the director of transportation determines that they are necessary to achieve safe ingress and egress to the property adjoining the street. Special access streets shall not be located within required front or comer side yard setbacks. 000 2014(22):52670.1(see also 51991.1) 6/26/01 10:36 AM 14 19-508.2 Requirements for manufactured home parks. Manufactured home parks in all districts except MH-2 and MH-3 are subject to the standards for MH-1 districts found at County Code §§ 19-113 through 19-117.3. ooo Sec. 19-510. Restrictions and limitations--Agricultural, residential, residential townhouse, multi-family residential, manufactured homes. (a) Parking and storing recreational Equipment in R, R-TH, MH and R-MF Districts: (1) In all MH-2, MH-3 and R Districts, only two items of recreational equipment may be parked on a zoning lot for each dwelling unit thereon, outside of a totally enclosed building. Further, all recreational equipment shall be parked or stored in a rear yard, except for loading or unloading, and shall be set back at least ten feet from the rear lot lines and five feet from the side lot lines. No trailer or vehicle shall have its wheels removed except for repair purposes. (2) (3) No recreational equipment shall be used for living or business purposes or connected to utility services except for maintenance purposes. In R-TH, and R-MF Districts, parking and storing recreational equipment shall be prohibited unless a common storage area(s) is (are) provided for the parking. Parking spaces for recreational equipment and/or vehicles shall be in addition to that required for parking private vehicles. The storage area(s) shall be effectively screened from view. (b) Truck Parking in R, R-TH, MH and R-MF Districts. No off-street parking area or other premises in an R, R-TH, MH and R-MF District, except on a farm where the parking is incidental to the farming use being conducted on the property, shall be used for the parking or storage of any truck or commercial vehicle exceeding 4,000 pounds net weight and having more than two axles, except while loading or unloading on the premises. (c) Parking areas for five or more vehicles on lots in A, R, MH and R-TH districts, which are not used for residential purposes, shall conform to the parking requirements as though the property were located in an O, C or I District. Sec. 19-513. Parking spaces required. ooo 2014(22):52670.1(see also 51991.1) 15 6/26/01 10:36 AM O130 Except as provided for in section 19-608(a), the minimum number of parking spaces to be provided for each use shall be as follows: Use Number of Spaces (a) Residential and Lodging: Dwellings, to include 2 for each single-family, two-family; dwelling unit multifamily, townhouses and manufactured ~ homes outside ofMl-t- 1 zoning districts (2) Motels, hotels, boardinghouses 1 per bedroom With lounges/restaurant Add 1 per 150 square feet for such area With meeting facilities Add 1 per 3 seats for such area (3) Rest homes and nursing homes 1 for each 4 beds OOO Secs. 19-523. Buffer width matrix. The required width of buffers shall be determined from the following matrix. The left column of the matrix represents the use of the zoning lot on which the buffer must be provided and the top column of the matrix represents the use of property contiguous to the zoning lot. The interior numbers in the matrix represent the width in feet of the required buffer on the zoning lot: BUFFER WIDTH MATRIX m· R-7/88 R-TH/R-M/; MH Districts 2014(22):52670.1(see also 51991.1) 6/26/01 10:36 AM 16 O131 A* + + R-7/88 + + R-TH/R-MF + 50** MH Districts + 50'* O-1 + 40 0-2 + 50 C-1 + 40 C-2 + 50 C-3 + 75 C-4 + 75 C-5 + 100 I-1 + 50 I-2 + 75 I-3 + 100 *Note: Buffers adjacent to vacant property zoned "A" shall be determined based the property's designation on the comprehensive plan. **Note: Where property zoned R-7 through R-88 is adjacent to property zoned R-TH~ or R-MF, or MH a buffer shall be required on the R-TH~ or R-MF or MH property. No buffers are necessary between any single-family residential districts unless required by the board of supervisors, planning commission (modification to development standards and requirements only) or board of zoning appeals. ooo Secs. 19-551. Street frontage required--Residential (except ~---,,,' ,,~--' ..... ~! and agricultural. 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 17 (a) Unless otherwise specified and except for farm buildings, a lot outside a subdivision, as defined in section 17-2, used .in whole or in part for dwelling purposes, including permanent manufactured orm'mbi~ homes, shall abut for at least 50 feet upon a street. No lot or parcel of land abutting the terminus of a public street shall be considered to have its principal frontage on a public street unless the lot fronts for at least 30 feet on a recorded cul-de-sac. A lot or parcel without street frontage may be used for temporary dwelling purposes with a manufactured or niobile home; however, in considering applications for manufactured or-mobile home permits and special exceptions, in addition to other land use considerations, due regard shall be given to whether the lot or parcel abuts for at least 50 feet upon a street. (b) Unless otherwise specified, no permit for erecting, moving or converting any building on a parcel outside a subdivision, as defined in section 17-2 shall be issued unless the street adjoining the parcel where the building is to be erected, moved or converted is a part of the state highway system, primary or secondary. This provision shall not apply to farm buildings or other structures not designed for human habitation. Sec. 19-552. One main building on each residential, manufactured home or agricultural lot. Except in the case of planned developments, every principal, detached residential building structure, including a permanent manufactured ormobite home, hereafter erected, installed or structurally altered on a lot shall be located in a R, R-TH, MH-2, MH-3 or A district, and in no case shall there be more than one such building per lot, unless otherwise permitted in this article. ooo Sec. 19-553. Residential, townhouse residential, manufactured hOme and multifamily residential land not to be used for commercial access. No portion of any parcel or lot which is located in any R, R-TH, MH or R-MF District shall be used for access (except public roads) to any land which is located in an O, C or I district, or used for any purposes not permitted in any R, R-TH, MH or R-MF District. Sec. 19-554. Fences in residential, multifamily residential, manufactured home and townhouse residential districts. In R, R-MF, MH and R-TH districts, unless otherwise specified, no fence or wall more than four feet high shall be permitted in any front or corner side yard, nor shall any fence or wall more than seven feet high be permitted in any side or rear yard. On a corner lot, no structure or planting which might obstruct vision between a height of two feet six inches and a height of eight feet above the established curb grade shall be permitted within a distance of 20 feet in either direction from the comer. At intersections of driveways with streets, no structure or planting which might 2014(22):52670.1 (see also 51991.1) 18 6/26/01 10:36 AM obstruct vision between a height of two feet six inches and a height of eight feet shall be permitted within a visibility triangle created by measuring ten feet in from the intersection of a driveway boundary and property lines away from the driveway with the ends of the two ten-foot lines connected in a straight line to form the visibility triangle. The above-mentioned heights shall be computed based on the elevation of the driveway that is perpendicular and adjacent to that portion of the structure or planting. Beyond the visibility triangle, there shall be no locational requirements for fences. 1 1Property owners are advised to check easement locations before installing fences. Secs. 19-555. Required yards for accessory buildings and structures in R, R-TH, MH and A Districts. Except as indicated in this section, the yard requirements for permitted uses shall apply to the accessory buildings and structures. (1) In R, MH-2 and A Districts and in R-TH Districts identified in section 19-106, one-story detached accessory buildings, accessory structures which have a roof or any structur.es specified in section 19-507(0 except amateur radio antennas in excess of 50 feet in height shall observe a side yard setback not less than half the required side yard for a permitted use; a front yard setback of the lesser of half the average depth of the lot or 80 feet; and a rear yard setback of not less than ten feet; except that an accessory building or structure which as a roof located on a through lot shall meet a rear yard setback of not less than 30 feet and an accessory building or structure which has a roof located on a corner lot shall observe a comer side yard setback not less than the required front yard setback for a permitted use. In any R District, amateur radio antennas in excess of 50 feet, but no greater than 75 feet, in height, shall conform to the side and rear yard setback requirements for principal structures of the respective zoning district and a front yard setback of the lesser of half the average depth of the lot or 80 feet. Provided, however, the antenna may be attached to the side or rear of the principal structure if the principal structure meets the setback requirements of the respective zoning district. In any R-TH District, amateur radio antennas in excess of 50 feet, but no greater than 75 feet, in height, shall be attached to the side or rear of the principal structure. 2014(22):52670. l(see also 51991.1) 19 6/26/01 10:36 AM 01/.t4 (2) (3) (4) (5) Except for the R-TH Districts identified in section 19-106, in R-TH Districts attached and detached carports, garages, storage buildings or other similar accessory structures are permitted on individual lots and shall observe the front, side and corner side yard setback for the principal building. No rear yard setback shall be required. To ensure adequate usable open space on each lot, one wall of any such accessory structure must abut an interior side property line. A privacy yard having a minimum size often by 25 feet shall be maintained on each lot where there are such structures. An accessory structure in an R-TH District shall cover no more than 45 percent of the required rear yard. In R, MH-2 and A Districts and lots in R-TH Districts identified in section 19-106, a detached accessory building having more than one story shall observe an interior side yard not less than the side yard required of the permitted use; a rear yard setback of not less than half the required rear yard for a permitted use, except that a building located on a through lot shall meet a rear yard setback of not less than 30 feet; a corner side yard setback of not less than the front yard requirement for a permitted use; and a front yard setback the lesser of half of the average depth of the lot or 80 feet. In R~ NIH and A Districts and lots in R-TH Districts identified in section 19-106, a detached accessory building shall cover no more than 20 percent of the required rear yard. In R, MH-2 and A Districts and lots in R-TH Districts identified in section 19-106, carports attached to single-family dwellings shall observe interior side yard setbacks not less than half the required side yard in that district, but in no case less than five feet. Sec. 19-556. Heights--Agricultural, residential, townhouse residential, manufactured home and multifamily residential. The maximum height of all buildings and structures shall be as follows, unless otherwise provided in section 19-507 or in section 19-557: (1) R-88, R-40, R-25, R-15, R-12, R-9, R-7, MH-1, MH-2, MH-3, R-TH and R-MF districts: All buildings or structures other than accessory and multifamily: Three stories or 40 feet, whichever is less. 2014(22):52670.1(see also 51991.1) 6/26/01 10:36 AM 20 O13, Multifamily: All buildings and structures except for accessory and those projects listed in section 19-112, six stories or 70 feet, whichever is less. Co Accessory buildings and structures: One-half the height of the principal building or 25 feet, whichever is greater. Further, in R-TH Districts, except those lots listed in section 21.1-100(a), no windows, doors or other similar openings shall be permitted above one story or ten feet, whichever is less. In R-TH Districts, except those specified in section 19-106, accessory buildings or structures that abut a common side property line shall maintain a solid wall (having no windows, doors or other similar openings) along said adjoining property line. (2) A districts: All buildings or structures other than farm or accessory: Three stories or 40 feet, whichever is less. b. Farm accessory buildings and structures: 50 feet. Accessory buildings or structures: One-half the height of the principal building or 25 feet, whichever is greater. Sec. 19-557. Heights--Agricultural, residential, townhouse residential, manufactured home and multifamily residential in village districts. The maximum height of all buildings and structures shall be as follows, unless otherwise provided in section 19-507: (1) (2) Midlothian Village Core, Chester Village Corridor East: All buildings or structures, other than accessory: Two and one half stories or 30 feet, whichever is less. Accessory buildings or structures: One-half the height of the principal building or structure or 25 feet, whichever is greater. Further, in R-TH Districts, except those lots listed in section 19-106(a), no windows, doors or other similar openings shall be permitted above one story or ten feet, whichever is less. Accessory buildings or structures that abut a common side property line shall maintain a solid wall (having no windows, doors or other similar openings) along said adjoining property line. All other village district areas: 2014(22):52670.1 (see also 51991.1) 6/26/01 10:36 AM 21 0136 All buildings or structures other than accessory: Three stories or 40 feet, whichever is less. Accessory buildings or structures: Half the height of the principal building or 25 feet, whichever is greater. Further, in R-TH Districts, except those lots listed in section 19-106(a), no windows, doors or other similar openings shall be permitted above one story or ten feet, whichever is less. Accessory buildings or structures that abut a common side property line shall maintain a solid wall (having no windows, doors or other similar openings) along said adjoining property line. OOO Sec. 19-573. Exterior lighting. All exterior lights shall be arranged and installed so that the direct or reflected illumination does not exceed five-tenths footcandle above background, measured at the lot line of any adjoining A, R, R-TH, MH or R-MF district. Except in village districts where light standards may be required to be compatible with unique architectural styles, lighting standards shall be of a directional type capable of shielding the light source from direct view from any adjoining A, R, R-TH, MH or R-MF district or public right-of-way. 000 Sec. 19-575. Outside storage areas. All outside storage areas shall be screened, in accordance with division 1, subdivision IV, of this manual: (i) from view of any adjacent properties on which such uses are not permitted; (ii) from property in an A district that is designated on the comprehensive plan for R, R-TH, R-MF, A, O~ MH or I-1 districts; and (iii) from public rights-of-way. The view of outside storage areas shall be minimized from limited access roads. Views may be minimized through site and architectural design, topography, landscaping, setbacks or other features. In I-2 and I-3 districts, outside storage areas need not be screened from view of any 1-2 or I-3 district or from any public right-of-way which does not accommodate or is not intended to accommodate through traffic movements. Outside storage shall include, but not be limited to, parking of all company-owned and -operated vehicles, with the exception of passenger vehicles and trucks designed such that the cargo area may be accessed from the driver's seat without exiting the vehicle. 000 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 A~M 22 0137 Sec. 19-578. Yard requirements and other development standards adjacent to A, R, R-TH, MH and R-MF districts where A, R, R-TH, MH and R-MF property is occupied by or zoned for nonresidential or nonagricultural use. If property in an O, C or I district is adjacent to property in an A, R, R-TH, MH or R-MF district and the latter property is occupied by or zoned for a nonresidential or nonagricultural use without a time limit, the variations in yard requirements and other development standards specified by this chapter where adjacent to O, C or I districts shall be permitted. ooo Sec. 19-582. Exceptional development standards in the Jefferson Davis Highway Corridor. (a) Parking: Parking requirements in the Jefferson Davis Highway Corridor shall be calculated based on section 19-513 or based on four and four-tenths spaces per 1,000 square feet of gross floor area, the lesser of the two. Improved, designated parking spaces in a public right-of-way may be counted toward the required number of parking spaces when more than one-half of each such space adjoins the site. Further, the required number of parking spaces may be reduced by ten percent if the development contains a pedestrian way system that connects to existing walkways or that may be connected to future walkways. (b) Landscaping: No interior parking lot or perimeter landscaping shall be required. Perimeter landscaping H shall be installed in all front and corner side setbacks, except when parking or driveways are located at the ultimate right of way line. Tree preservation, in accordance with sections 19-518(d) and 19-521(b) shall be required, except where parking or driveways are located at the ultimate right of way line. (c) Buffer width matrix: The required width of buffers shall be determined from the following matrix. The left column of the matrix represents the zoning of the lot on which the buffer must be provided and the top column of the matrix represents the zoning of property contiguous to the zoning lot. The numbers in the matrix represent the width in feet of the required buffer: A1 R-7/88 MH Districts 2014(22):52670.1 (see also 51991.1) 6/26/01 10:36 AM 23 A1 + + R-7/88 + + R-TH/R-MF + 252,3 MH Districts + 252,3 O-1 + 253 0-2 + 253 C-I + 253 C-2. + 253 C-3 + 253 C-4 + 253 C-5 + 253 I-1 + 253 1-2 + 753 1-3 + 1003 1Buffer widths adjacent to vacant agriculturally zoned property shall be determined based on the land use designation shown on the comprehensive plan for the property. 2When property zoned R-7 through R-88 is adjacent to R-TH: or R-MF MH property, a buffer shall be required on the R-TH~ or R-MF, MH property. There shall be no buffer requirements between any single-family residential districts unless required by the board of supervisors, planning commission or board of zoning appeals. 3 Except in MH districts, bBuffers shall not be required if this article permits buildings or parking areas to be constructed without being set back from the property line. 000 Sec. 19-594. Permitted variations in yard requirements. 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 24 01:89 The required minimum yards for any zoning lot or parcel, or adjacent to limited access roads, or as noted below, may be reduced as follows with the provision of additional landscaping: (1) Setbacks along major arterials: Except in I-2 or I-3 districts, the required setback for buildings, drives and parking areas along major arterials may be reduced to 50 feet with the installation of perimeter landscaping C. (2) Front and corner side yards: Except in I-2 or I-3 districts, the required front and comer side yard setback along public rights-of-way other than major arterials may be reduced to 25 feet with the installation of perimeter landscaping C. (3) Side yards: The required side yard may be reduced to ten feet with the installation of perimeter landscaping B, except when adjacent to any A, R, R-TH, MH or R-MF district. (4) Rear yards: The required rear yard may be reduced to 20 feet with the installation of perimeter landscaping B, except when adjacent to any A, R, R-TH, MH or R-MF district. Sec. 19-595. Architectural treatment. No building exterior (whether front, side or rear) which would be visible tO any A, R, R-TH, R-MF, MH or O district or any public right-of-way shall consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. Nothing in this section shall preclude the use of different materials on different building exteriors, but rather shall preclude the use of inferior materials on sides which face adjoining property. No portion of a building that is constructed of unadorned concrete block or corrugated and/or sheet metal shall be visible from any adjoining A, R, R-TH, R-MF, MH or O district or any public right-of-way. No building exterior shall be constructed of unpainted concrete block or corrugated and/or sheet metal. ooo Sec. 19-602. Permitted variations in yard requirements. The required minimum yards for any zoning lot or parcel, except those located in an I-2 or I-3 District or adjacent to limited access roads, may be reduced with the provision of additional landscaping and/or if adjacent property is zoned for a similar use, as follows: Setbacks along major arterials: The required setback for buildings, drives and parking areas along major arterials may be reduced to 25 feet with the installation of perimeter landscaping C. 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 25 0140 (2) (3) (4) Front and corner side yards: The required front and corner side yard setback for buildings along public rights-of-way other than major arterials may be reduced to 25 feet with the installation of perimeter landscaping B. Side yards: In the I-2 and I-3 districts, the required side yard setback for buildings may be reduced to 10, except when adjacent to any A, R, R-TH, MH or R-MF district. The required side yard setback for buildings may be reduced to zero in all other districts, except when adjacent to any A, R, R-TH, MH or R-MF district. Rear yard: No reduction shall be permitted. ooo Sec. 19-604. Heights. The maximum height of all buildings or structures within any office, business or industrial district shall be as follows, except as outlined in section 19-507 and 19-507.1 or as otherwise specified in this article: (1) (2) (3) (4) In office and business districts, no buildings or structures shall exceed a height of three stories or 45 feet, whichever is less, except offices hospitals and hotels, which may be constructed to a height of 12 stories or 120 feet, whichever is less. In I-1 Districts, no buildings or structures shall exceed a height of three stories or 50 feet, whichever is less, except offices, hospitals and hotels, which may be constructed to a height of 12 stories or 120 feet, whichever is less. In I-2 and 1-3 Districts, no buildings or structures shall exceed a height of 150 feet. No buildings or structures within 100 feet of any undeveloped property within an R, R-TH, MH or R-MF district, or any undeveloped property in an A district that is designated for residential use by the comprehensive plan, shall exceed a height of three stories or 50 feet, whichever is less. No building or structure within 200 feet of any existing residential neighborhood shall exceed a height of two stories or 30 feet, whichever is less. However, if there is an existing dwelling more than two stories in height within 100 feet of the district, the height of the building or structure may be increased to the height of the dwelling. o o o 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 26 O141 Sec. 19-608. Exceptional development standards. OOO (h) Buffers and screening in the Ettrick Village Core: Buffers required by section 19-523 shall not apply. If parking is provided on any property in an O, C or I district adjacent to an R, R-TH= MH or R-MF district, a 1 O-foot wide buffer shall be provided. This buffer shall include an evergreen hedge with a minimum installed height of four feet or a solid fence or wall six feet in height. Along side property lines that abut property in R, R-TH, MH or R-MF districts, this buffer may be reduced to a width of three feet in accordance with section 19-609(g)(2). Sec. 19-609. Setback requirements for O and C Districts. OOO (b) Midlothian Village Fringe: The maximUm and minimum setbacks for all buildings, drives and surface and deck parking areas shall be as follows: (1) Setbacks along major arterials: The minimum setback along major arterials for buildings shall be 50 feet; however, this minimum shall be increased as authorized by the director of planning when the average setback of the existing building(s) on one or more sides and within 200 feet of the subject lot is more than 50 feet. Perimeter landscaping E shall be provided within the setback. The minimum setback along major arterials for drives and parking areas shall be no less than the front line of the building with the least setback on the lot. If there is no building on the lot, the minimum setback shall be 50 feet. Perimeter landscaping E shall be provided within the setback. (2) Front and corner side setbacks: ao The minimum front and comer side setbacks along fights-of-way other than major arterials for buildings shall be 25 feet with the installation of perimeter landscaping D. bo The minimum front and comer side setbacks along rights-of-way other than major arterials for drives and parking areas shall be no less than the front line of the building with the least setback on the lot. If there is no building 2014(22):52670.1 (see also 51991.1) 6/26/01 10:36 AM 27 Ol4;e (3) (4) (s) on the lot, the minimum setback shall be 25 feet. Perimeter landscaping D shall be provided within the setback. Side setbacks: The minimum side setback for buildings, drives and parking areas shall be 30 feet with the installation of perimeter A. The minimum side setback may be reduced to ten feet with the installation of perimeter landscaping B, except when adjacent to any R, R-TH, R-MF, MH or A District. Rear setbacks: The minimum rear setback for buildings, drives and parking areas shall be 40 feet with the installation of perimeter landscaping A. The minimum rear setback may be reduced to 20 feet with the installation of perimeter landscaping B, except when adjacent to any R, R-TH, R-MF, MH or A District. Setbacks for gasoline pumps: The setbacks for gasoline pumps and drives serving gasoline pump islands shall be the same as those for drives and parking areas as required in paragraphs (1) through (4) above. ooo (e) Chester Village Fringe East, Chester Village Fringe West: The minimum setback for all buildings, drives and surface and deck parking areas shall be as follows: Setbacks along major arterials: The minimum setback along major arterials for buildings, drives and parking areas shall be 25 feet with the installation of perimeter landscaping G. within the setback. (2) Front and corner side setbacks: The front and comer side setbacks along roads other than major arterials shall be the same as those required along major arterials. (3) Side setbacks: Except as noted below, the minimum side setback for buildings, drives and parking areas shall be 30 feet with the installation of perimeter landscaping A. However, the minimum side setback may be reduced to ten feet with the installation of perimeter landscaping B, except when adjacent to any R, R-TH, R-MF, MH or A District. When abutting an O, C or I District, the minimum setback shall be zero feet. When abutting other property designated by the Chester Village Plan for non-single-family residential land uses, the minimum setback for buildings shall be seven and one-half feet unless waived by the director of planning at the request of the adjacent property owner, in which case the minimum setback shall be reduced to zero feet provided there are no openings in the wall built along the property line. When abutting other property designated by the Chester Village Plan for non-single-family residential land uses, the minimum setback for drives 2014(22):52670. l(see also 51991.1) 28 6/26/01 10:36 AM 0143 (4) (5) and parking areas shall be zero feet; however, if the adjacent property is occupied by a residence, a solid screen or fence at least four feet high shall b6 installed unless waived by the director of planning at the request of the adjacent property owner. Vacant property located within the area designated by the Chester Village Plan as "mixed use: neighborhood office and single-family residential" shall be considered a non-single-family residential land use regardless of the zoning of the parcel. Rear setbacks: Except as noted below, the minimum rear setback for buildings, drives and parking areas shall be 40 feet with the installation of perimeter landscaping A. However, the minimum rear setback may be reduced to 20 feet with the installation of perimeter landscaping B, except when adjacent to any R, R-TH, ~, R-MF, Mit or A District. When abutting an O, C or I District, the minimum setback shall be zero feet. When abutting other property designated by the Chester Village Plan for non-single-family residential land uses, the minimum setback for buildings shall be 25 feet unless waived by the director of planning at the request of the adjacent property owner, in which case the minimum setback shall be reduced to zero feet provided there are no openings in the wall built along the property line. When abutting other property designated by the Chester Village Plan for non-single-family residential land uses, the minimum setback for drives and parking areas shall be zero feet; however, if the adjacent property is occupied by a residence, a solid screen or fence at least four feet high shall be installed unless waived by the director of planning at the request of the adjacent property owners. Vacant property located within the area designated by the Chester Village Plan as "mixed use: neighborhood office and single-family residential" shall be considered a non-single-family residential land use regardless of the zoning of the parcel. Setbacks for gasoline pumps: The setbacks for gasoline pumps and drives serving gasoline pump islands shall be the same as those for drives and parking areas as required in paragraphs (1) through (4) above. 000 (g) Bon Air Village: The minimum setbacks for all buildings, drives, and surface and deck parking areas shall be as follows: (1) Front and corner side setbacks: The minimum front and comer side setbacks shall be zero feet. (2) Side setbacks: Except as noted below, the minimum side setback shall be 15 feet with the installation of perimeter landscaping B for property adjacent to any R, 2014(22):52670.1(see also 51991.1) 6/26/01 10:36 AM 29 0144. (3) R-TH, R-MF, MH District or any property designated for an R, R-TH or R-MF District on the comprehensive plan or any property used for residential purposes. This setback may be reduced to 0 feet upon installation of a wall, eight feet in height, made of material similar to the principal building or by locating the main building's wall (with no openings) adjacent to the residential property. When abutting an O, C or I District or property occupied by an O, C or I use, the minimum setback shall be zero feet. Rear setbacks: Except as noted below, the minimum side setback shall be 25 feet with the installation of perimeter landscaping B for property adjacent to any R, R-TH, R-MF, MH District or any property designated for an R, R-TH, MH or R-MF District on the comprehensive plan or any property used for residential purposes. This setback may be reduced to 0 feet upon installation of a wall, eight feet in height, and made of material similar to the principal building or by locating the main building's wall (with no openings) adjacent to the residential property. When abutting an O, C or I District or property occupied by an O, C or I use, the minimum setback shall be zero feet. ooo Sec. 19-611. Architectural treatment. (a) Within the Ettrick Business Core: New development shall be compatible with the pedestrian scale and historic village character of Ettrick. New or altered buildings should be generally consistent in height, scale, massing (shape) and materials with existing structures in the village. The intent of this section is to insure functional and visual compatibility, not to specifically encourage imitation of past architectural styles. (b) Within all other village districts: No building exterior (whether front, side or rear) shall consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. Nothing in this section shall preclude the use of different materials on different exteriors (which would be acceptable if representative of good architectural design) but rather, shall preclude the use of inferior materials on sides which face adjoining property and thus, might adversely impact existing or future development causing a substantial depreciation of property values. No portion of a building constructed of unadorned cinder block or corrugated and/or sheet metal shall be visible from any adjoining A, R, R-TH, R-MF, MH or O District or any public fight of way. Further, buildings shall be designed to impart harmonious proportions and to avoid monotonous facades or large bulky masses. Buildings shall possess architectural variety but shall 2014(22):52670.1(see also 51991.1) 6/26/01 10:36 AM 3O 0145 be compatible with existing structures, especially nearby structures of high historic interest. New or remodeled buildings shall enhance an overall cohesive village character as reflected in existing structures. This character shall be achieved through the use of design elements--including, but not limited to, materials, balconies and/or terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, varied roof lines or other appurtenances such as lighting fixtures and/or planting--as are described in the applicable adopted plans and guidelines. Sec. 19-612. Heights. The maximum height of all buildings within any O, C or I district shall be as specified in this section, except as provided in section 19-507 and 19-507.1 (1) Midlothian Village Core, Chester Village Corridor East: No structure shall exceed a height of two and one-half stories or 30 feet, whichever is less. (2) All other village district areas: No structure shall exceed a height of three stories or 45 feet, whichever is less. (3) Generally: No structure within 200 feet of any property in an R, R-TH, MH or R-MF district shall exceed a height of two and one-half stories or 30 feet, whichever is less. However, if there is an existing dwelling more than two and one-half stories in height within 100 feet of the district, the height of the structure may be increased to the height of the dwelling. (2) That this ordinance shall become effective immediately upon adoption. 2014(22):52670.1(see also 51991.1) 31 6/26/01 10:36 AM 014 OPTION 19-117.1 Recreational Vehicles. (g) All manufactured homes shall be set back a minimum of 5__feet, inclusive of the hitch, measured from the edge of the street, or, for those parks without paved streets, from the edge of the travel way. Manufactured homes shall not obstruct the use of any street, travel way, sidewalk, or public utility easement. 2014(22):52670. l(see also 51991.1) 6/26/01 10:36 AM 32 0147 HIRSCHLER FLEISCHER A PROFESSIONAL CORPORATION John R. Easter · Richmond Office (804) 771-9545 - jeaster~hirschlerfleischer.com Federal Reserve Bank Building 701 East Byrd Street Richmond, VA 23219 Telephone: 804-771-9500 Facsimile: 804-644-0957 Mailing Address: Post Office Box 500 Richmond, VA 23218-0500 Fredericksburg Office: 725 Jackson Street, Suite 200 Fredericksburg, VA 22401-5720 Phone: 540-372-3515 Fax: 540-372-3941 www. hirschlerfleischer, com November 12, 2001 Via Telefax and Email Hon. J. L. McHale III PO Box 40 Chesterfield, VA 23832-0040 Re: Changes Requested by Major Park Owners to Proposed Manufactured Home Park Ordinance Dear Mr. McHale: On several occasions you and I have discussed two changes that the owners of the Greenleigh, Holiday, Americana and Harbour East manufactured home parks (the "Park Owners") have requested be made to the proposed Manufactured Home Park Ordinance. We have also discussed these changes with the other Supervisors and believe that they, too, are favorably inclined toward these changes. As you know, these changes relate to (1) park access for large parks; and (2) the setback of homes from streets within a park. To be sure that no confusion exists, I wanted to provide you with a copy of the precise changes we are seeking. The black-lined changes shown below are the changes we are requesting to the draft ordinance that the Planning Commission recommended: Sec. 19-117(a). Park access. A manufactured home park of more than ten acres shall have more than one public street or travel way access to ensure that emergency services may be provided to the park and to secure safe and efficient access for all traffic. This requirement may be satisfied in the following ways: (1) The park has a paved boulevard entrance of at least 45 feet in width, with minimum lane widths of 18 feet each; and o___r HIRSCHLER FLEISCHER November 12, 2001 Page 2 The park has an emergency access that meets the following criteria: (i) (ii) (iii) (iv) (v) (vi) (vii) the access is at least twelve feet in width, with an additional area of three feet beyond the edge of pavement; the area above the pavement has a vertical clearance of a minimum of 14 feet; the minimum turning radius for any curve is 42 feet; the access is constructed of all weather material; the access is gated with one panel at least 12 foot wide by three foot tall constructed of painted 2 inch tubular steel and the panels are secured by a heavy duty steel chain and a Knox padlock as approved by the Chesterfield County Fire Department; the access is adequately maintained; and the access is not used for parking; or (2) Park owners may seek relief from this requirement by applying for a development standards waiver in accordance with section 19-19. Section 19-117(g) Placement. All manufactured homes, including any hitch attached thereto, shall be set back a minimum of 19 ~'~+ ~--~-'o~ .... r+~ ~.:+~ .... , ...................... , or 5 feet :_~]..o: .... ~+~ ~:+~ ~r ~:~ ..... ]l~ · ..... :~ measured from the edge of the street, or, for those p~ks without paved streets, from the edge of the travel way. Manufactured homes shall not obstruct the use'of any street, travel way, sidewalk, or public utility easement. These two changes are the only ones requested by the Park Owners. As you and I have previously discussed, the Park Owners do disagree with County Staff concerning the legal ability of the County to impose new standards on existing parks. Nonetheless, we have worked long and hard with Staff and the Planning Commission to try to create an ordinance that we hope will provide a workable compromise. Because several Board members have expressed concern about various communications concerning the proposed ordinance, I wanted you to know exactly HIRSCHLER FIY_JSCHER November 12, 2001 Page 3 how we have passed information along to Greenleigh residents. Therefore, I am attaching a copy of the recent communication to Greenleigh home owners concerning the upcoming hearing. Thank you for your attention to our concerns: Please feel free to contact me if you have any questions or concerns. Sincerely, Enclosure Hon. Renny Bush Humphrey Hon. Kelly E. Miller Hon. Arthur S. Warren Hon. Edward B. Barber Mr. Thomas E. Jacobson Mr. Edward B. Kidd Mr. Andrew M. Condlin Mr. Robert Ruais #366863 vl 07523.02122 GREENLEIGH MANUFACTURED HOME COMMUNITY November 8,2001 Dear Greenteigh Residents: Manufactured housing communities in Chesterfield County have been working for the past two years as a group, including Greenleigh's Attorney John Easter, with County staff and elected officials on proposed changes to the manufactured housing sections of the County ordinances. The Chesterfield County Planning Commission voted to recommend to the Board of Supervisors that the Board pass the proposed changes to the ordinances. The proposal will now come before the Board of Supervisors, Wednesday night November 14m at 7 p.m. in the public meeting room located in the Police Department building on the comer of konbridge Road (route 10) and Lori Road. I hope the following statements clarify the issues and answer some of the questions you have raised. From the beginning the County and the community groups have disagreed on the legal basis for the change in County interpretation of laws governing the County's ability to impose new standards on existing communities. Despite this disagreement all the parties continued to work on the proposed changes and leave this issue aside. B. While we still have some serious concerns in two areas we are hopeful that changes will be made to the proposal at the upcoming Board of Supervisor's public hearing that will address those concerns. Co Many residents have expressed concern and are asking questions about how the passage of these changes will impact our Community. We put a great deal of faith in the assurances we have all heard at the public heatings and in private meetings that the changes to the ordinance and County's interpretation of its ability to impose changes on existing parks are not directed at the larger, well mn communities including Greenleigh. We will be relying on those assurances when staff begins to interpret and enforce the changes. Those who have expressed their concern and asked what they can do, may want to attend the meeting. You do not have to speak, although you have every tight to if you wish. We have great confidence in Attorney John Easter's ability to represent Greenleigh. However, by attending the meeting, you send a strong message to the County of your concern about the affect of the proposed changes to the ordinance. We thank you for your support throughout this process. We are proud to represent the Greenleigh Community and it's upstanding residents. Sincerely, Robe D. Robert D. Ruais Director of Operations 14006 STEVENHURST DRIVE, CHESTER, VIRGINIA 23831 TELEPHONE: (804) 748-8706 FAX: (804) 748-8768 [ ~r~ . P, O. Box 85333 An Affiliate of Media General Richmond, Virginia 23293-0001 (804) 649~6000 Advertising Affidavit (This is not a bill Please pay from invoice) CHRSTERFIEI,D ROARD OF SI IPERVLq¢)RS KO VA 238'42-(}040 Account Num. 220806 Date Code Description Ad Size Total Cost --~ 11/07/2001 121 TAKE NOTICETAKE NOTICE THAT THE I:qOARD (') 2 00 x 32_00 632.3? Media General Operations, Inc. Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKE N©TfCETAKE was published by Richmond Newspapers, inc. in the City of Rich~nond, State of Virginia, on th; f(;llowing dates: 10/31/2001 11/07/2001 The first insertion being given .... 10/gl/2001 Sworn to and subscribed before me this __~ __ Notary Publ~ State of Virginia City of Richmond MY Commission expires [~ HIS IS NOTA BILL PLEASE PAY FROM iNVOiCE THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: November 14, 2001 Item Number: 16.B. Subject: Public Hearing to Consider Changes to the Zoning Ordinance Relating to Amendments to Previously Zoned Property County Administrator's Comments: County Administrator: Board Action Requested: Planning Commission and staff recommend the Board adopt the attached changes to the Zoning Ordinance relating to amendments to previously zoned property set forth in County Code Sections 19-16 and 19-17, but not adopt the proposed change to County Code Section 19-26 relating to notification. Summary of Information: At its May 23, 2001 meeting, the Board referred to the Planning Commission a Zoning Ordinance amendment proposed by staff to clarify that future amendments to a portion of an original zoning case will not, if approved, place the remaining property in violation of zoning. In 1994, the Board amended the Zoning Ordinance to allow rezoning requests for a portion of a previously zoned development without the concurrence of all owners within the development. This new procedure worked successfully for years. However, since 1994, 1) proffered conditions in zoning cases have become more complex and placed greater restrictions on development, and 2) multiple parcels of land have been encouraged to seek a single rezoning application. As a result, it has become increasingly more difficult to rezone parts of a development without creating zoning vio~~f the development. Accordingly, the Preparer:'~__ Title: DirectorofPlanning Thomas E.J~'n 1914:55264.1(52718.1) Attachments: Yes ~'~ No 014~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin~ Date: November 14, 2001 Item Number: proposed changes to Sections 19-16 and 19-17 of the Zoning Ordinance will clarify that amendments to a portion of an original zoning case will not place the remaining property in violation of the original zoning. The Planning Commission held a public hearing on the proposed change at its September 19, 2001 meeting and is recommending approval of the changes to Sections 19-16 and 19-17. The Planning Commission also requested staff to draft changes to the notification requirements in Section 19-26. These changes were also considered at the September 19 public hearing. Staff did not support the proposed changes because of the financial and administrative impact, and because the changes would not effectively improve the notice process. Staff believes that the current notification requirements ensure that affected property owners are aware of pending rezonings. The Planning Commission ultimately voted to recommend denial of the proposed changes to Section 19-26 of the Zoning Ordinance. Staff requests that the Board consider the proposed changes set forth in County Code Sections 19-16 and 19-17, but not adopt the proposed change to County Code Section 19-26 relating to notification. 0i49 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-16, 19-17 and 19-26 RELATING TO ZONING AMENDMENTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Sections 19-16, 19-!7 and 19-26 of the Code o_f the Coun~ o_f Chester_field, 1997, as amended, are amended and re-enacted to read as follows: Sec. 19-16. Amendments. An application to amend a condition of a zoning approval imposed by the board of supervisors applicable to part or all of the development or to rezone property within the development which received its original zoning after April 27, 1994, and which meets the requirements of this chapter, shall be considered by the board of supervisors notwithstanding the fact that all parcels subject to the original condition or zoning are not included within the application to amend or rezone. The board's approval of any such rezoning or amendment shall not cause the remainder of the original development to be in violation of the original conditions of zoning for the development. Sec. 19-17. Zoning amendments. All zoning cases decided on or before April 27, 1994, shall be subject to a condition that permits an applicant to amend a condition of a zoning approval imposed by the board of supervisors applicable to part or all of the development or to rezone property within the development notwithstanding the fact that all parcels subject to the original condition or zoning are not included within the application to amend or rezone. The board's approval of any such rezoning or amendment shall not cause the remainder of the original development to be in violation of the original conditions of zoning for the development. OOO Sec. 19-26. Hearings; notification and posting of property. OOO (c) (1) With regard to any action referred to in subsection (a) above, except amendments to the comprehensive plan, the owner of the affected parcel, as identified in the assessor's records, and the property owners identified in section 19-24(c) shall be given not less that 15 days' written notice sent by registered, certified or first class mail for any hearing on 1914(23):52718.1(53266.1) any such action. If the written notice is provided by first class mail, the director of planning shall make affidavit that the mailings have been made and file the affidavit with the papers in the case. If the public hearing is continued or deferred to a date that has not previously been advertised, notice shall be remailed. If the public hearing is continued or deferred to a date that has been previously advertised or if the public hearing is closed and the decision deferred to a later date, notice need not be remailed. (2) With regard to any action referred to in sections 19-16 and 19-17, written notice of any public hearing on an application to amend a zoning condition or rezone property shall be given to the last known representatives of all civic associations on the Civic Association Notice List filed with the planning department operating within the area encompassed by the property which is subject to the original zoning or condition and to all property owners of record with the assessor's office whose property was subject to the igi diti d ---' .... r~y :- ' ..... ~ --:~'-: ...... " .... ~'~'-~ or nal zoning or con on._ an w.,~ prope ,3 ,u~aL~ ~,~L,,~ ,,~,v~, t~L ,_,~ L.~ IJIUpUI Ly WIiI~II 13 LIIU ~uuJ~,L ut Lilt ~IJIJII~,(1LIUII. (2) That this ordinance shall become effective immediately upon adoption. 1914(23):52718.1 (53266.1) 01,51 Richmond, Virginia 23293-0001 An Affiliate of Media General (804) 649-6000 Advertising Affidavit (This is not a bill, Please pay from invoice) 0.nt IDate Code Description Ad Size Tota~ Cost TAKE NC)TICRTAKE NOTICF~ THAT THE ROARD O 2.00 A~ACH HERE Media General Operations, lnc. Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKE N(3TICETAKE was published by Richmond Newspapers, Inc, in the City of Richmond, State of Virginia, on the following dates: 10/31 2001 11/07/2001 The first insertion Being given .... Sworn to and subscribed before _ __ State of Virginia City of RiChmond My Commission exp, res ic THIS iS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: November 14, 2001 Item Number: 16 .C. Subject: Public Hearing to Consider an Ordinance Relating to Private On-Site Sewage Evaluations and Renewals of Septic System Permits County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends the Board adopt the attached ordinance amendments to Section 12-15 of the County Code relating to on-site sewage evaluations and renewals of septic system permits. Summary of Information: The Board set a public hearing for this date to consider amendments to Section 12-15 of the County Code, relating to sewage evaluations and septic system permit applications. The first proposed amendment is the result of legislation passed by the 2001 General Assembly requiring local health departments to act on septic system applications, which utilize land test results provided by private on-site inspectors, within 15 days for single lot requests and within 60 days for multiple lot requests. The current County ordinance contains no time limits for actions on septic system applications that utilize either publicly or privately procured land test results. Currently, only 10% of septic system permit applications in the County utilize land test results from private on-site inspectors. The first proposed amendment to the ordinance will impose the 15 day or 60 day action period for such applications. Preparer:~,(~(r..4~ Title:CountyAttorney Steven L. Micas 0822:55022.1(55030.1) Attachments: Yes ~ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin~l Date: November 14, 2001 Item Number: The second proposed amendment will make the County ordinance consistent with similar state health department regulations governing septic systems. The state regulations only allow local health departments to renew septic system permits if they are submitted within 18 months of the expiration of the previously approved permit. The County ordinance makes no reference to such a limitation. The Health Department reports that some citizens have asked for a septic system permit to be renewed several years after a permit has expired. If a permit cannot be renewed, a new septic system permit must be secured which involves payment of a fee as well as all documentation and testing required for a new application. The inclusion of the state regulatory language in the local ordinance will have no effect on the operations of the Health Department or number of permits or renewals granted since the Department already follows the state regulations. The amendment will help citizens to better understand the 18-month deadline on permit renewals. 1222:55022.1 AN ORDINANCE TO AMEND TI-BE CODE OF TI-IJE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 12-15 RELATING TO SEPTIC TANKS AND SEPTIC SYSTEMS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 12-15 of the Code of the County of Chester_field, 199 7, as amended, is amended and re-enacted to read as follows.- Sec. 12-15. Same-Applications; fee; expiration. 0OO (a) The application for a permit required by the preceding section shall be made to the health department and the applicant shall furnish the following information: (1) Descriptions, location and dimensions of the land or lot where the septic tank drainfield system will be installed. (2) Approximate location of the proposed dwelling on the lot. (3) Number of bedrooms in the proposed dwelling. (4) Whether the dwelling will have automatic laundry, dishwasher or garbage disposal. (5) A description of the water supply. (6) When required by the county health department, a plat showing the location of existing buildings, water supply and sewage disposal in the area of the septic tank drainfield system. (7) Results of percolation tests and soil evaluations of specific lots if requested by the health department. Percolation tests shall be performed in accordance with procedures of the state department of health. (b) Percolation tests must be conducted by persons approved by the county health department. Such approved persons shall conduct such tests when requested by the health department at the expense of the owner, and the results of the test shall be submitted to the county health department. 1222:55030.1 0154 _(_q) The Director of Health, or his designee, shall approve or deny an application for permit within 15 days of the submission of a complete application for a single lot request or within 60 days of the submission of a complete application for a multiple lots within a subdivision. (c_d) After an individual sewage disposal system permit application is approved, but before the permit is issued, the applicant must pay to the county health department a permit fee in the amount of $ t 25.00. Permits shall expire 18 months after they are issued. Permits may be renewed within (18) months from the expiration date of a previously approved permit. No person shall install an individual sewage disposal systems until the expired permit is renewed in writing by the health department. No additional fee is required for renewal. (2) That this ordinance shall become effective immediately upon adoption. 1222:55030.1 An Affiliate of Media General P.O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 Advertising Affidavit (This is not a bill Pie;se pay from invoice) Code Description Ad Size 220806 To 11 t(Y7 t2(~1 121 ~ 0 TAKENC)TICF, TAKE NOTICE THAT T'FIE -ROARD C) 2_00 x 2 ~ 0 4S4.48 A CH HERE Media General Operations, Inc. Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKE N©T~[CETAKE NC)TIC[ was published by Richmond Newspapers, inc. in the City of Richmond, State of virginia, on th~ f~llowing dates: 10J3t/2001 11/07/2001 The first insertion being given .... 10/~1/?nm Sworn to and subscribed before me this _ ~_ Notary Public Su State of Virginia City of Richmond My CommissiOn expires _~ '~_2~ THiS I-~S NOT A B]L "~LEASE-'~AY FROM ~ E. THAN~0~ ....... CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Date: November 14, 2001 Item Number: [6.D. Subject: Public Hearing to Consider Amendments to Sections 9-143 and 9-174 of the Code of the County of Chesterfield Relating to the Collection and Remittance of Telephone, 911, and Consumer Utility Taxes County Administrator's Comments County Administrator: Board Action Requested: Staff recommends the Board adopt the attached ordinance amendments to Sections 9-143 and 9-174 of the Code of the County of Chesterfield. Summary of Information- The General Assembly has made recent changes to the Code of Virqinia with respect to the timing of collection and remittance of various consumer utility taxes. Accordingly, the County Code must be revised to make it consistent with state law. The proposed amendments will make the amount of telephone utility and Egll taxes billed by a service provider due by the last day of the month following billing. Gas and electric utility taxes collected by a service provider shall be due by the last day of the month following collection. The amendments also clarify that 911 taxes should be remitted to the Commissioner of Revenue instead of the Treasurer. Staff recommends that the Board adopt these amendments. Preparer: Steven L. Micas Title: County Attorney 0622(23):55262.1 (54687.1) Attach ments: Yes ----]No AN ORDINANCE TO AMEND TI~ CODE OF TI-[E COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 9-I43 AND 9-174 RELATING TO BILLING, COLLECTION AND REMITTANCE OF TAX BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 9-143 and 9-174 of the Code o_f the Coun(v of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9-143. Collection and remittance by seller. Every telephone service seller shall collect the tax imposed at the time of collecting its service purchase price and shall pay L,,~ ~.,.~ ~,~,,~,~, ~,~,..~ ~,,,~L ,~,~.~,,~, ~,~l~,,. [,,~ ,,~.~ ~,~y ~ .,~ **~.~ ~=~,~, .,~,.. ~,,., .~[.~; remit to the commissioner of revenue no later than the last day of each month the amount of the tax billed during the preceding month together with the name and address of any purchaser who has reused to pay the tax. The required repo~ shall be in a form prescribed by the commissioner of revenue county - ooo Sec. 9-174. Billing, collection and remittance of tax. All service providers under this article shall bill the applicable consumer tax to all users who are subject to the tax and shall remit the same to the commissioner of the revenue for the county on a monthly basis. Service providers collecting a tax pursuant to § 9-171 shall remit no later than the, last day of each month the amount of the tax billed during the preceding month. Service providers collecting a tax pursuant to § 9-172 shall remit monthly no later than the last day of the succeeding month of collection. Such taxes shall be paid by the service provider to the commissioner of the revenue for the county in accordance with applicable state code and remitted in a form approved by the commissioner of revenue. Any tax paid by the consumer to the service provider shall be deemed to be held in trust bY such provider until remitted to the county. Failure of the service provider to remit consumer taxes on a timely basis shall subject the service provider to penalties and interest as provided in section 9-6. (2) That this ordinance shall become effective immediately upon adoption. 0614:54687.1 An Affiliate of Media General P.O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 Advertising Affidavit (This is not a bill p~ease pay from invoice) ATTN tJSA FJ,KO P O Ftf}X 40 11/07/2D0 / Date Code Description Ad Size Total Cost 'TAKE NC)TICFTAKE NOTIC, E THAT THE F~OARD () 2 00 x 24;00 Media Genera[ Operations, ~nc. Publisher of ATTACH HERE THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAK F. NOT~CETAKE N©T'IC-[ was published by Richmond Newspapers, Inc. in the City of Richmond, State of Virginia, on the following dates: 10/31/2001 11/07/2001 Sworn to and subscribed before Notary PUblic Su State of Virginia City of Richmond My Commission expires BILL, PLEASE PAY FROM INVOICE. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 14, 2001 Item Number: Su~ect: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors Coun~ Administrator's Comments: 17. County Administrator: Board Action Requested: Summary_ of Information: Motion of adjournment and notice of next scheduled meeting to be held on November 28, 2001 at 4:00 p.m. Preparer ~ ~ ~%c_ ~~-~ Title: Lisa H. Elko Attachments: ~-] Yes No Clerk to the Board