2016-10-26 PacketCHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
�RGIN�'
Meeting Date: October 26, 2016 Item Number: 2.6.
Subject:
Model County Government Program
County Administrator's Comments:
County Administrator:
Board Action Requested:
Recognize the young people and the teacher -sponsors who are participating in
the Model County Government program.
Summary of Information:
The Model County Government program is an opportunity for high-school
government students to learn more about their local government. Each student
attends a board of supervisors' meeting, participates in a public -engagement
session hosted by the school board, and shadows a county or school leader.
The program is made possible through a partnership between Youth Planning and
Development and the school's Instructional Specialist for Social Studies.
Preparer: Jana D. Carter Title: Director Juvenile Services
Attachments: 1 Yes 0
No # 0of- .
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
149 AGENDA
�RGtN�'
Meeting Date: October 26, 2016 Item Number: 2.C.
Subiect:
County Administration Update - Election Preparedness
County Administrator's Comments:
County Administrator:
Board Action Requested:
Summary of Information:
Mr. Larry Haake, Registrar, will update the Board of Supervisors
preparations for the 2016 election.
Preparer: Louis Lassiter Title: DeputyCy Administrator
Attachments: D Yes 0 No #
.M
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
1749 AGENDA
�RGIN�'
Meeting Date: October 26, 2016 Item Number: 6.A.
Subiect:
Work Session - Resubmittal of Existing Zoning Cases With Cash Proffers
County Administrator's Comments:
County Administrator:
Board Action Requested:
Summary of Information:
Mr. Kirk Turner, Planning Director, will update the Board of Supervisors
regarding the process for resubmittal of existing zoning cases with cash
proffers.
Preparer: Bill Dupler Title: Deput Cly Administrator
Attachments: 0 Yes F-1No e,(D
Cash Proffer Rezoning Cases Overview
I. Re -alignment of Planning Commission Zoning Case Processing
Schedules
11. Planning Commission Future Agendas
111. Re -format of Rezoning Applications to Include Service Level and Facility
Capacity Impacts of Nearby Public Facilities
IV. Review of Transportation Cash Proffer Methodology — Mr. Jesse Smith,
Director of Transportation
V. Work with Planning Commission to Develop and Refine Residential
Quality Concepts
VI. Review of Staff, Planning Commission and Board of Supervisors Roles
(D Gr () () Cj 4
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July — Hard copy application due date
November— Public Hearing date
August — Hard copy application due date
December— Public Hearing date
September — Hard copy application due date
January — Public Hearing date
October — Hard copy application due date
December — Public Hearing date
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Cutoff dates do not apply to Substantial Accord Cases.
This may include cases remanded by the Board of Supervisors.
10/19/16/Overview
Hearing Date:
Hearing Date:
Hearing Date:
Hearing Date:
November 15
December 20
January 17
February 21
Cases
Application Cutoff
Application Cutoff
Application Cutoff
Application Cutoff
Date 1:
Date 1:
Date 1:
Date 1:
September 2
October 10
November 7
December 12
Substantial
1
1
O
O
O
Accords'
Deferred Cases
Cash
J 2
0
2
0
Proffers
New Cash
2
0
1
0
Proffer
Amend
Cash
1
0
1
1
0
Proffers
Other
1
1
0
0
New Cases2
Cash
6
11
2
2
Proffers
New Cash
2
3
0
2
Proffer
Amend
Cash
4
8
2
0
Proffers
Other
6
S
2
0
Total
16
17
6
2
Cases
Cutoff dates do not apply to Substantial Accord Cases.
This may include cases remanded by the Board of Supervisors.
10/19/16/Overview
CASH PROFFER REZONING
CASES OVERVIEW
Board of Supervisors Work Session October 26, 2016
Kirk Turner, Planning Director
Jesse W. Smith, Transportation Director
Cash Proffer Rezoning Cases Overview
Re -alignment of Planning Commission Zoning Case Processing
Schedules
10/26/2016
1
10/26/2016
Existing Planning Commission Schedule
July 2016
August 2016
September 2016
Su Mo Tu We Th Sa
Su Mo Tu We Th Fr Sa
Su Mo Tu We Th Fr Sa
2
1 2 3 4 5 6
1 2 3
3 4 5 6 7 8 9
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10 11 12 13 14 15
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11 12 13 15 16 17
17 18 19 20 21 22 2
21 22 2N,24 25 26 27
18 19 1 22 23 24
24 25 26 27 28 29 30
28 29 30
25 2 7 28 29 30
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October 2016
ber 20
December 2016
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30 31
January 2017
February 2017
March 2017
Su Mo Tu We Th Sa
Su Mo Tu We Th Fr Sa
Su Mo Tu We Th Fr Sa
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July—Hard copy application due date Q September—Hard mpy upplfcat fon due date
November—Public Hearing date January— Public Hearing date
OAugust— Hard copy application due date E::] October — Hard copy application due date
December— Public Hearing date December— Public Hearing date
Re -aligned Planning Commission Schedule
July — Hard copy application due dateSeptember — Hard copy application due date
November— Public Hearing date nS December— Public Hearing date
OAugust— Hard copy application due dateO October— Hard copy application due date
November —Public Hearing date December— Public Hearing date
2
10/26/2016
Cash Proffer Rezoning Cases Overview
I. Re -alignment of Planning Commission Zoning Case Processing
Schedules
II. Planning Commission Future Agendas
PLANNING COMMISSION AGENDA OVERVIEW
3
Hearing Date.
Hearing Date.
Hearing Date.
Hearing Date:
November 15
December 20
January 17
February 21
Cases
Application Cutoff Date
Application Cutoff Date'
Application Cutoff Date':
Application Cutoff Date
September 2
October 10
November 7
December 12
Substantial Accords'
1
0
0
0
Deferred Cases
Cash Proffers
3
0
2
0
Other
1
1
0
0
New Cases
Cash Proffers
6
11
2
2
Other
6
5
2
0
Total Cases
16
17
6
2
Cutoff dates do not apply to Substantial Accord Cases.
2 This may include cases remanded by the Board of Supervisors.
3
Cash Proffer Rezoning Cases Overview
Re -alignment of Planning Commission Zoning Case Processing
Schedules
II. Planning Commission Future Agendas
III. Re -format of Rezoning Applications to Include Service Level and
Facility Capacity Impacts of Nearby Public Facilities
Cash Proffer Rezoning Cases Overview
I. Re -alignment of Planning Commission Zoning Case Processing
Schedules
11. Planning Commission Future Agendas
III. Re -format of Rezoning Applications to Include Service Level and
Facility Capacity Impacts of Nearby Public Facilities
IV. Review of Transportation Cash Proffer Methodology —
Mr. Jesse Smith, Director of Transportation
10/26/2016
4
10/26/2016
Road Cash Proffer Policy
Adopted by the BOS on September 28, 2016 as one way that a developer
could choose to meet the impacts of development on the county's
transportation facilities
Established $9,400 as the maximum per dwelling unit road cash proffer
Anticipates that the unique circumstances of developments in revitalization
or preservation areas may justify approval without a proffer in those areas
($0)
Continues to allow developers to choose to construct in-kind improvements
to address the development's impacts in lieu of all or a portion of the road
cash proffer ($0 - $9,400)
County will consider circumstances that mitigate the proposal's impact,
based on information provided by the applicant's engineer (< $9,400)
Cash Proffer Rezoning Cases Overview
I. Re -alignment of Planning Commission Zoning Case Processing
Schedules
II. Planning Commission Future Agendas
III. Re -format of Rezoning Applications to Include Service Level and
Facility Capacity Impacts of Nearby Public Facilities
IV. Review of Transportation Cash Proffer Methodology —
Mr. Jesse Smith, Director of Transportation
V. Work with Planning Commission to Develop and Refine
Residential Quality Concepts
5
Cash Proffer Rezoning Cases Overview
I. Re -alignment of Planning Commission Zoning Case Processing v
Schedules
II. Planning Commission Future Agendas
III. Re -format of Rezoning Applications to Include Service Level and
Facility Capacity Impacts of Nearby Public Facilities
IV. Review of Transportation Cash Proffer Methodology —
Mr. Jesse Smith, Director of Transportation
V. Work with Planning Commission to Develop and Refine
Residential Quality Concepts
VI. Review of Staff, Planning Commission and Board of Supervisors
Roles
10/26/2016
11
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: October 26, 2016 Item Number: 8.A.1.a.
Subiect:
Resolution Recognizing Mr. Dale Cannady for His Service to the Richmond
Metropolitan Transportation Authority
County Administrator's Comments:
County Administrator:
Board Action Requested:
County Administration requests the Board of Supervisors recognize Mr. Dale
Cannady for his outstanding service to Chesterfield County as a representative
on the Richmond Metropolitan Transportation Authority (RMTA) formerly the
Richmond Metropolitan Authority (RMA).
Summary of Information:
Dale Cannady was appointed to the Richmond Metropolitan Authority (RMA) Board
as a Chesterfield County representative in July 2008. He was reappointed by
Chesterfield in 2014 when the General Assembly passed legislation to equalize
the Board and changed the name to Richmond Metropolitan Transportation
Authority, (RMTA). Mr. Cannady's term expired on September 30, 2016, and he
did not seek reappointment. The attached resolution details his
accomplishments.
Preparer: Louis G. Lassiter Title: Asst. County Administrator
Attachments: 0 Yes F-1No,
RECOGNIZING MR. DALE CANNADY FOR HIS SERVICE
TO THE RICHMOND METROPOLITON TRANSIT AUTHORITY
WHEREAS, the Richmond Metropolitan Authority (RMA) was created by an act
of the Virginia General Assembly in 1966, and was originally tasked with
building and maintaining a toll expressway system for the Richmond area; and
WHEREAS, the role of the RMA expanded, to owning and operating other
facilities, including parking decks and The Diamond, current home of the
Richmond Flying Squirrels; and
WHEREAS, Mr. Dale Cannady was appointed in 2008 to the Richmond
Metropolitan Authority as one of two Chesterfield County representatives; and
WHEREAS, Mr. Cannady was reappointed by Chesterfield in 2014 when the
General Assembly passed legislation to equalize the Board and change the name
to Richmond Metropolitan Transportation Authority (RMTA); and
WHEREAS, during his tenure on the RMA./RMTA Board, Mr. Cannady served on
the following committees: Finance, Personnel/Compensation and Benefits,
Nominations and Governance, Regional Projects and Outreach, and Local
Finance; and
WHEREAS, Mr. Cannady was a dedicated board member and served as the
chair for Nominations and Governance, Regional Projects and Outreach, as well
as Local Finance, and he also served as a facilitator for the 2014 board
retreat; and
WHEREAS, Mr. Cannady's community service includes Chair of the 2001
Richmond area United Way Campaign, Chair of Hospital Hospitality House, Chair
of Prevent Blindness Mid -Atlantic, and as Interim President of Leadership
Metro Richmond for one year.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of
Supervisors recognizes Mr. Dale Cannady and expresses appreciation for his
dedicated and outstanding service to the Richmond Metropolitan Transportation
Authority on behalf of the citizens of Chesterfield County.
09
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: October 26, 2016 Item Number: 8.A.1.b.1.
Subiect:
Resolution Recognizing Battalion Chief Coris D. Throckmorton, Jr., Fire and
Emergency Medical Services Department, Upon His Retirement
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adoption of attached resolution.
Summary of Information:
Battalion Chief Coris D. Throckmorton, Jr. retired from the Fire and
Emergency Medical Services Department on October 1, 2016, after providing 23
years of service to the residents of Chesterfield County.
Preparer: Edward L. Senter Jr. Title: Fire Chief
Attachments: '. Yes No # ,
C0
RECOGNIZING BATTALION CHIEF CORIS D. THROCKMORTON, JR.
UPON HIS RETIREMENT
WHEREAS, Battalion Chief Coris D. Throckmorton, Jr. retired from the
Chesterfield Fire and Emergency Medical Services Department, Chesterfield
County, on October 1, 2016; and
WHEREAS, Chief Throckmorton attended Recruit School #24 in 1993, and has
faithfully served the county and its residents for 23 years in various
assignments, from firefighter to battalion chief; and
WHEREAS, Chief Throckmorton served as a firefighter at the Wagstaff,
Dale and Airport Fire and EMS Stations and in the Fire and Life Safety
Division; and
WHEREAS, Chief Throckmorton was promoted to lieutenant in 2002 and
served in the Fire and Life Safety Division; and
WHEREAS, Chief Throckmorton was promoted to captain in 2004 and served
at the Airport Fire and EMS Station; and
WHEREAS, Chief Throckmorton was promoted to battalion chief in 2006 and
served in the Emergency Operations Division as a battalion chief on "B" shift
in the southern, northern and western battalions; and
WHEREAS, Chief Throckmorton served as a National Registry Paramedic,
Rapid Sequence Intubation Paramedic and as an Advanced Life Support Field
Training Officer; and
WHEREAS, Chief Throckmorton was a Hazardous Materials Specialist and
served on the Hazardous Incident Team for 20 years; and
WHEREAS, Chief Throckmorton served on the Honor Guard Committee and
assisted in the creation of the department's Honor Guard; and
WHEREAS, Chief Throckmorton served as the team leader for the Fire
Marshal's Law Enforcement Powers Process Action Team.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of
Supervisors recognizes the contributions of Battalion Chief Coris D.
Throckmorton, Jr., expresses the appreciation of all residents for his
service to the county and extends appreciation for his dedicated service and
congratulations upon his retirement.
� C
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��RCtTtu�s'�
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: October 26, 2016 Item Number: &A.1.b.2.
Subiect:
Resolution Recognizing Mr. Harry P. "Skip" Stanley, Department of Mental
Health Support Services, Upon His Retirement
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adoption of the attached resolution.
Summary of Information:
Mr. Stanley is retiring from the Department of Mental Health Support
Services on November 1, 2016, after providing over 28 years of service to
the citizens of Chesterfield County.
Preparer: Debbie Burch
Title: Executive Director of Chesterfield CSB/MHSS
Attachments: ® Yes F-1 No
# C-R°':..
RECOGNIZING MR. HARRY P. "SKIP" STANLEY UPON HIS RETIREMENT
WHEREAS, Mr. Harry P. "Skip" Stanley was hired by Chesterfield Mental Health
Support Services on June 24, 1988, and will retire November 1, 2016, after
providing outstanding service to the residents of Chesterfield County; and
WHEREAS, Mr. Stanley served in many capacities including Residential
Services Supervisor, ID Service Coordination Day Program Manager, Interim Chester
House Program Manager and Residential Services Program Manager; and
WHEREAS, Mr. Stanley worked tirelessly with Chesterfield Alternatives
Incorporated (CAI) to develop plans for over 25 homes in the Community Homes
Program, secured seven HUD 811 Grants to expand permanent housing opportunities
to individuals with serious mental illness and intellectual disabilities as well
as winning the annual "Bright Idea" award from the Harvard School of Business for
the "Build -A -House" Program; and
WHEREAS, Mr. Stanley was instrumental in the planning and development with
CAI of four Build -A -House projects; Church Road, Cogbill, Woodpecker and Pine
Forest, in collaboration with the Chesterfield Community Services Board, county
schools leadership, and County Administration; and
WHEREAS, Mr. Stanley was instrumental in the planning and development of
Pampas House and Galloway Place with both being certified as ICF -IID facilities
in 2011 and 2015, respectively; and
WHEREAS, Mr. Stanley worked to combat homelessness by serving on the Board
of Homeward, serving as Chairman on the region's Continuum of Care Process
obtaining federal funding to address homelessness and serving as the county's
representative on the Regional Task Force to End Homelessness; and
WHEREAS, Mr. Stanley represented the Virginia Association of Community
Services Boards (VACSB)on the State Housing Disability Commission and served as
the county's representative for 12 years on the Area Emergency Food and Shelter
Program Board helping fund agencies providing shelter, food and rent to citizens
in crisis; and
WHEREAS, Mr. Stanley dedicated his time and knowledge in the pursuit of
better residential services resulting in numerous NACo and VACo awards for
innovations in community housing including the Build -a -House project; and
WHEREAS, Mr. Stanley consistently demonstrated compassion, empathy and good
humor and will be greatly missed by individuals, families, colleagues and co-
workers.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of
Supervisors recognizes the outstanding contributions of Mr. Harry P. "Skip"
Stanley and extends appreciation, on behalf of its members and the citizens of
Chesterfield County, for more than 28 years of dedicated service to the county,
congratulations upon his retirement, and best wishes for a long, happy and
healthy retirement.
4V-
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: October 26, 2016 Item Number: 8.A.2.
Subiect:
Acceptance of State Roads
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adoption of a resolution for the referenced state roads acceptance.
Summary of Information:
Matoaca District: Collington Section 14
Preparer: Scott B. Smedley
Attachments: 0 Yes
Title: Director. Environmental Enainee
❑ No #
TO: Board of Supervisors
FROM: Department of Environmental Engineering
SUBJECT State Road Acceptance- Collington Section 14
DISTRICT Matoaca
no 4 -a I MLeys- V k
ROADS FOR CONSIDERAMON: Avening Court
Avening Place
Avening Road
Longtown Drive
Collington Section 14
Pfoaucad ey c"sisrrwd county G�s
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: October 26, 2016 Item Number: 8.A.3.
Subiect:
Adoption of the 2017 Legislative Program
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adopt the 2017 Legislative Program.
Summary of Information:
Attached is the proposed Legislative Program for the 2017 General Assembly.
Preparer: Mary Ann Curtin
Attachments: 0 Yes
Title: Director of Intergovernmental Relations
F-1Nooo°4i
2017 Legislative Initiatives
Guiding Principles:
■ Maintain quality public education and public safety
■ Provide quality of life consistent with community
expectations
■ Maintain local autonomy
Strategic Goals:
■ Model for excellence in government
■ Safety and security
■ Economic prosperity and educational excellence
■ Healthy living and well-being
■ Thriving communities and environmental stewardship
Major Issues:
■ K-12 full funding
■ State budget
■ Local Land Use Authority
■ Local Revenue Authority
■ Transportation
■ Mandates/cost shifts
CPA
Legislative Requests:
Code Changes:
■ County Charter - modernize various provisions and
language(subject to Board of Supervisors approval following
November 16, 2016 public hearing)
■ Add technology zones to provisions allowing local tax
exemptions for structures 15 years or older (allowed now
only in Enterprise Zones)
Legislative Requests:
Support Items:
■ Maintaining K-12 education funding
■ Flexibility in use of K-12 education funds
■ Transportation funding
Legislative Requests:
Oppose Items:
■ Oppose elimination or reduction of local revenue sources
■ Oppose additional mandates/cost shifts
■ Oppose limitations/caps on existing land use authorities
PC C, G 10
'
o�e CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: October 26, 2016 Item Number: 8.A.4.
Subiect:
Acceptance of a Parcel of Land Along Awesome Drive from 6801 Woodridge Road -
Moseley, LP
County Administrator's Comments:
County Administrator:
Board Action Requested:
Accept the conveyance of a parcel of land containing 0.001 acres along
Awesome Drive from 6801 Woolridge Road -Moseley, LP and authorize the County
Administrator to execute the deed.
Summary of Information:
Staff requests that the Board of Supervisors accept the conveyance of a
parcel of land containing 0.001 acres along Awesome Drive from 6801 Woolridge
Road -Moseley, LP. This dedication is for improvements in conjunction with the
development of Carden Park at Magnolia Green Subdivision.
Approval is recommended.
District: Matoaca
Preparer:
John W. Harmon
Attachments: 0 Yes FINo
Title: Real Property Manager
VICINITY SKETCH
Acceptance of a Parcel of Land Along Awesome
Drive from 6801 Woolridge Road -Moseley, LP
k/
4r
0.001 ACRE TO BE
DEDICATED FOR
AWESOME DRIVE
F -SOME DR
Chesterfield CGunty CcpaTtmsrt of Utiffies AM&& I
Agar -14M
P
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ne ra 0, "o2- 0
CARDEN PARK AT
MAGNOUA GREEN
P.B. 238, PG. 85-6
L=130.37'
R=280.00'
1,=26 40'41 "
TAN -66.39'
CHD=129.20'
CND 8RG=N65V0'21E
L=54.23'
R=35.00'
A--88'46'52"
TAN -J4.26'
CHD=48.97'
CND BRG=S8356'34 E
L=56.00
R=35. 00'
d=32'0800"
TAN=36.33'
CHD=50.41 '
CND 8R0=S0630'53"W
0.001 ACRE OR 5,
FT TO 8E DEDICA
MAGNOLIA GREEN PARKWAY
VARIABLE WIDTH RIW
D.8. 11150, PG. 939
1,ic..`.'c J_ u
SEP 7 2016
GRAPHIC SCALE
p 0 10 a 40
( IN FEET )
I inch = 20 ft.
THIS PLAT IS SUBJECT TO ANY EASEMENT OF RECORD
AND OTHER PERTINENT FACTS WHICH A TITLE SEARCH
MIGHT DISCLOSE.
THIS DOES NOT REPRESENT A CURRENT FIELD SURVEY
viv BY. SDF
TOTAL
L=130.20'
R=215.00'
1,=344150" m�
TAN=67.17' bst
CHD=128.22'
BRG=S69 55'47'W
6801 WOOLRIDGE
RD-MOSELEY LP
GPIN 702670864000000
D. B. 9623, PG. 30
D.B. 8716, PG. 828
L=61.77'
Ra3&QO'
TAN -40.14'
CHD=55.19'
CND BRG=S0710107"W
NEW PROPOSED
Z RIONT OF WAY
13
11E UNE
0.001 ACRE OF LAND TO BE DEDICATED,
ACROSS THE PROPERTY OF 6801 WOOLRID
ROAD-MOSELEY LP
MATOACA DISTRICT
CHESTERFIELD COUNTY, VIRGINIA
SCALE 4 1' = 20' SEPTEMBER 7, 2016
Townes
SITE ENOtNEEFi1Nt3
9850 LORI ROAD, SUITE 201
CHESTERFIELD, VIRGINIA 23832
PHONE,(804) 748-9011 FAX, e804) 748-2590
BY..
CHESTERFIELD COUNTY
JU, BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: October 26, 2016 Item Number: 8.A.5.
Subiect:
Request to Vacate and Rededicate a Twenty -Foot Water Easement Across the
Property of Hampton Park Commercial II, LLC
County Administrator's Comments:
County Administrator:
Board Action Requested:
Authorize the Chairman of the Board and County
agreement to vacate and rededicate a 20 -foot
property of Hampton Park Commercial II, LLC.
Summary of Information:
Administrator to execute an
water easement across the
Hampton Park Commercial II, LLC has requested the relocation of
water easement across its property as shown on the attached
request has been reviewed by the Utilities Department.
Approval is recommended.
District: matoaca
Preparer: John W. Harmon Title: Real Property Manager
a 20 -foot
plat. This
Attachments: 0 Yes FI No # C -r -3 " -1� d-'2
"VICINITY SKETCH
Request to Vacate and Rededicate a Twenty -Foot Water Easement
Across the Property of Hampton Park Commercial II, LLC
AN �CH WAY
CRASE
RE WAY
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FS LEVEL 5'
D, ECT
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20,' Water Easement to
Vacated and Rededicated
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ChEnterfield County Department of Utilities
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Page 1 of 1
Meeting Date: October 26, 2016 Item Number: 8.A.6.
Subiect:
Set November 16, 2016, as the Public Hearing Date to Consider Various Changes
to the County Charter
County Administrator's Comments:
County Administrator:
Board Action Requested:
The Board is requested to set a public hearing for November 16, 2016, on the
proposed charter changes.
Summary of Information:
Various changes to the county charter are proposed as a legislative request
in the County's proposed legislative program for the 2017 General Assembly.
Charter changes require a public hearing, followed by an affirmative action
of the Board. This item is to set that public hearing date for November 16,
2016. A copy of the proposed changes to the charter is attached.
Preparer: Louis Lassiter
Attachments: 0 Yes
F-1 No
Title: Deputy County Administrator
PART I THE CHARTER
§ I.I. Charter.
The General Assembly hereby charters the County of Chesterfield, a political subdivision of
the Commonwealth of Virginia, as a county within the Commonwealth of Virginia and as such
shall have perpetual succession and all other powers and responsibilities granted by this charter
or general law.
§ 1.2. Transition to charter form of government.
Upon granting of this charter, the County of Chesterfield shall be liable for the bonded
indebtedness and current debts and obligations of the County of Chesterfield as such obligations
exist immediately preceding existence of the Charter. The County of Chesterfield shall succeed
in right and title to all assets, properties, contracts and rights of every nature then possessed by
the county, including all money belonging to the county and its books, records, papers and all
other things of value. All ordinances, rules, regulations, policies and orders made by the County
of Chesterfield, all Special Acts of the General Assembly conferring any authority, powers and
privileges upon the County of Chesterfield, in force at the effective date of this charter insofar as
they, or any portion thereof are not inconsistent herewith, shall remain in full force and effect
until amended or repealed in accordance with the provisions of this charter and general law.
The County of Chesterfield shall succeed to all rights and privileges of the former county
with respect to laws under which its water supply system and its sewerage and sewage disposal
system have been and are being installed, maintained and operated. All the county levies and
taxes, both current and delinquent, and all school and other funds held by the Commonwealth to
the credit of the County of Chesterfield shall be turned over to the chartered County of
Chesterfield. The tax levy and assessments made for the current and ensuing year or years shall
stand as the levy and assessment of the county. All contracts entered into by the county for
materials or supplies or construction work in force on the date of chartering shall thereby become
the contracts of the chartered county.
§ 1.3. Transition of office holders.
Upon granting of the charter the persons holding office as members of the board of
supervisors of the county at the moment of the granting of a charter shall become members of
and shall constitute the Board of Supervisors of the County of Chesterfield and shall continue to
constitute such board until the election and qualification of their successors subject to the
following specific requirements and qualifications:
As members of the new board of supervisors they shall continue to have and exercise all of
the rights, powers, and privileges conferred on such board, and shall be subject to all of the
duties, liabilities and restrictions now imposed by law on the government of counties using the
nonoptional form of government and as vested in members of the board by the provisions of this
charter.
0423(25):97408.2
Those persons who shall hold office as Commonwealth's attorney, clerk of the circuit court,
sheriff, treasurer and commissioner of revenue, immediately preceding granting of a charter,
shall by virtue of such chartering become respectively the Commonwealth's attorney, clerk of the
circuit court, sheriff, treasurer and commissioner of revenue of the County of Chesterfield, and
shall continue to hold office until the expiration of the respective terms for which they were
elected or appointed and until their successors have been elected and have qualified. Such
officers and their successors shall have and exercise all of the rights, powers and privileges
conferred upon them and shall be subject to all of the duties, liabilities and restrictions imposed
by law upon such officers of counties of the Commonwealth.
§ 1.4. Effective date.
This charter shall be in effect from January 1, 1988, and thereafter until repealed or amended
as provided by law.
CHAPTER 2. POWERS OF COUNTY
§ 2.1. General grant of powers.
The powers set forth in title 15.2 of the Code of Virginia, and all other powers which are now
or may be conferred upon or delegated to counties under the Constitution and laws of the
Commonwealth and all other powers pertinent to the conduct of a county are hereby specifically
conferred upon the County of Chesterfield, and no enumeration of particular powers in this
charter shall be held to be exclusive but shall be held to be in addition to this general grant of
powers. The scope of all powers conferred by this charter shall be liberally interpreted so as to
best effectuate the responsibility of the board of supervisors to perform its duty to govern the
county.
§ 2.2. Additional powers.
In addition to the powers granted by other sections of this charter and general law, the county
shall have the power to raise annually by taxes and assessments as permitted by general law, i -R
the such sums of money as the board shall deem necessary to pay the debts and defray the
expenses of the county, in such manner as the board shall deem expedient. In addition to, but not
as a limitation upon this general grant of power the county shall have power to levy and collect
ad valorem taxes on real estate and tangible personal property and machinery and tools; to levy
and collect taxes on hotel and motel rooms; to levy and collect business taxes, local general retail
sales and use tax as provided by law; unless prohibited by general law to require licenses,
prohibit the conduct of any business, profession, vocation or calling without such a license,
require taxes to be paid on such licenses in respect of all businesses, professions, vocations and
callings which cannot, in the opinion of the board be reached by the ad valorem system; to
franchise any business or calling so as to protect the public interest; and to require licenses of all
owners of vehicles of all kinds.
In addition to the other powers conferred by law, the County of Chesterfield shall have the
power to impose, levy and collect, in such manner as its board may deem expedient, a consumer
tax upon the amount paid for the use of water, gas, electricity, tele; —�
*communications services, and any other public utility service within the county or upon
0423(25):97408.2 2t? f17
the amount paid for any one or more of such public utility services, subject to provisions of
general law and may provide that such tax shall be added to and collected with bilis rendered
consumers and subscribers for such services. The county may establish and collect such fees as
the board of supervisors may deem reasonable for the rendering of special services.
§ 2.3. Acquisition of real estate.
In addition to the powers granted by other sections of this charter the county may acquire
property within or without its boundaries for any of its facilities or functions, in fee simple or
lesser interest or estate, by purchase, gift, devise, lease, or eminent domain for property within
the county, and may sell, lease, hold, manage, and control such property as the county's interest
may require. No judicial process need precede the exercise of these powers except for acquisition
of property by eminent domain.
§ 2.4. Special districts.
The county, in addition to any other authority provided by law, may by ordinance create
special districts or areas within the county if those areas desire additional or more complete
governmental services than are desired in the county as a whole. The board of supervisors shall
have the power to levy a higher tax in such areas, and the proceeds therefrom shall be so
segregated as to enable the same to be expended in the areas in which raised.
§ 2.5. Abandonment of road.
The governing body of the county on its own motion may cause any section of the secondary
system of highways deemed by it to be no longer necessary for the uses of the secondary system
of highways to be abandoned altogether as a public road by complying substantially with the
procedure provided for in § 33�T33.2-909 of the Code of Virginia including notice of
intention to abandon any such road by publication in two (2) or more issues of some newspaper
having general circulation in the county. Such notice shall specify the time and place of the
hearing at which persons affected may appear and present their view, which shall not be less than
six (6) days nor more than twenty-one (2 1) days after the second newspaper advertisement.
A finding by the governing body, after a public hearing, that a section of the secondary
system of highways is no longer necessary for the uses of the secondary system may be made if
the following conditions exist:
1. The road is located within a residence district as the latter is defined in § 46.2-100 of the
Code of Virginia;
2. Continued operation of the section of road in question constitutes a threat to the public
safety and welfare; and
3. Alternate routes for use after abandonment of the road are readily available. Any order of
abandonment issued in compliance with this section shall give rise in subsequent
proceedings, if any, to a presumption of adequate justification for the abandonment.
0423(25):97408.2 3 () 01 CY 0 F-
Appeals from any order of abandonment may be made as provided for in § 33.1 152
et seq. of the Code of Virginia.
CHAPTER 3. BOARD OF SUPERVISORS
§ 3.1. Composition and election.
The County of Chesterfield shall be divided into five (5) magisterial districts, which shall
comprise the five (5) magisterial districts of the County of Chesterfield as existing immediately
preceding the effective date of this charter and shall be known as the Districts of Bermuda,
Clover Hill, Dale, Matoaca and Midlothian. The county board shall consist of five (5) members
and shall be elected one (1) from each district. Such board members shall qualify and be elected
as provided by general law for members of county boards of supervisors. The board may
redistrict or change the number, form of the membership or manner of electing board members in
accordance with general law without the necessity of amending the charter.
Vacancies in the office of supervisor, from whatever cause, shall be filled within sixty (60)
days by an interim appointment by a majority vote of the remaining members of the board;
provided that, so long as any supervisor is elected from a magisterial district, such vacancy shall
be filled by a qualified voter residing in the same magisterial district. If a vacancy is not filled by
the board within sixty (60) days as provided herein, the vacancy shall be filled in accordance
with general law. In either event the person so appointed shall serve until the vacancy is filled by
an elected member in accordance with general law.
Members of the board of supervisors shall act in accordance with the Virginia State and
Local Government Comprehensive Conflict of Interests Act, as now written or as amended.
§ 3.2. Compensation.
The board members shall receive as compensation for their services such amounts as the
board may determine, provided that no salary increase approved by the board shall be effective
during the term of such board. The salary in effect upon chartering shall remain in effect until
changed by the board. No member of the board shall be appointed to any paid office under the
county government during the term for which elected and for one (1) year thereafter. In addition
to a salary, members of the board may receive reimbursement for reasonable expenses incurred
in the conduct of county business.
§ 3.3. Presiding officer.
The board at its first meeting and annually thereafter, unless otherwise provided by the board,
shall elect one (1) of its members, who shall have the title of chairman and shall preside at
meetings of the board and shall be recognized as head of the county government for all official
ceremonial purposes. The chairman shall be selected as the person best able to lead the board in
its responsibility to act collectively on behalf of the county as a whole. The board shall elect a
new chairman when a vacancy occurs in that office. The board shall also elect a vice-chairman
who shall act as chairman during the absence or disability of the chairman. The chairman shall
have the same powers and duties as other members of the board and shall have a vote but no
power of veto.
0423(25):97408.2 4
{
§ 3.4. Procedural powers.
The board shall have the power, subject to the provisions of this charter, to adopt its own
rules of procedure and other guidelines controlling the actions of its members. Such rules shall
provide for the time and place of holding regular meetings of the board which shall be not less
frequently than once a month. The procedure for calling special meetings shall be as provided by
general law in the Code of Virginia. A majority of the board shall constitute a quorum for the
transaction of business. The board collectively has the power to censure or otherwise discipline
its members, excluding removal from office, for failure to comply with its rules of procedure or
guidelines. No member shall be excused from voting except on matters involving the
consideration of his own official conduct or where his financial or personal interests are
involved.
§ 3.5. Powers.
The board of supervisors shall be the policy determining body of the county and shall be
vested with all rights and powers conferred on governing bodies by general law not inconsistent
with this chapter. All powers vested in the county by this charter, and to counties generally by
the Code of Virginia, shall be exercised by the board collectively except as otherwise provided in
this charter, or in the Constitution of Virginia. In addition to the foregoing, the board shall have
the following powers:
a. To control and manage the fiscal affairs of the county and all property, real and
personal, belonging to the county.
b. To provide revenue for the county and appropriate the revenue for expenses, also
to provide the annual assessments of taxable persons and property in the county,
and it may adopt such ordinances, orders and bylaws relating to the powers of this
charter as it shall deem proper and necessary.
C. To adopt such ordinances, bylaws, orders and regulations as it may deem
desirable to carry out the following powers which are hereby vested in them:
(1) To provide for the preservation of the general health of the inhabitants of
the county.
(2) To provide and regulate county -owned or county -operated hospitals or
nursing homes within the county limits.
(3) To require and compel the abatement and removal of all nuisances within
the county, at the expense of the person or persons causing the nuisance,
or the occupant or owner of the ground where the nuisance may be.
(4) To preserve public peace and good order; to prevent and quell riots,
disturbances, disorderly assemblages, environmental hazards and
shortages; and the board shall also have the power to adopt such additional
ordinances as it may deem necessary for the general welfare of the county.
0423(25):97408.2 5
d. To create, alter or abolish departments, bureaus, divisions, offices or agencies
except where such bureaus, divisions, offices or agencies are specifically defined
by this charter or general law.
To create, alter and abolish commissions and advisory boards to assist the county
in accomplishing its statutory responsibilities except where such commissions and
advisory boards are specifically defined by this charter or general law.
f. To provide for the number, title, qualifications, powers, duties, classification and
compensation for all officers and employees of the county.
g. To provide for the form of oaths who shall administer oaths and the amount and
condition of surety bonds to be required of certain officers and employees of the
county.
h. To make such investigation relating to the financial affairs and internal operations
of the county government as they may deem necessary.
As a collective body, to make appointments to boards, commissions and other
bodies as provided by law or board action provided that all such appointments
shall serve as county -wide appointments and make decisions reflective of general
county needs rather than magisterial district needs.
To cause to be abandoned as a public road, a street or section of a street within a
recorded subdivision upon a finding by the board that (i) continued operation of
the street or section constitutes a threat to the public safety and welfare and (ii)
alternate transportation routes will be readily available after abandonment of such
street or section.
Nothing contained herein shall be construed to deprive the board of supervisors or county of
any of the powers conferred upon them, either by general or special laws of the Commonwealth
of Virginia, except insofar as the same may be inconsistent with the provisions of this charter.
§ 3.6. County clerk.
The board may appoint a county clerk who shall serve at the pleasure of the board. He shall
be clerk of the board and custodian of the corporate seal of the county and he shall have such
other public duties as prescribed by general law or as the board may prescribe. The clerk shall in
addition:
(1) Record in a book to be provided for that purpose all of the proceedings of the board.
(2) Make regular entries of all the board's resolutions and decisions on all questions
concerning the raising of money.
(3) Record the vote of each board member on any question submitted to the board if required
by any member present.
0423(25):97408.2 6
(4) Preserve and file all accounts and papers acted upon by the board with its action thereon.
If the board chooses not to appoint a county clerk, such duties and responsibilities shall be
performed by the county administrator.
CHAPTER 4. COUNTY ADMINISTRATOR
§ 4.1. Appointment of county administrator.
The board shall appoint a county administrator who shall be the administrative head of the
county government responsible for the proper administration of the government as reflected by
the legislative and policy directions of the board and by general law. He shall be chosen solely
on the basis of his executive and administrative qualifications. He shall serve at the pleasure of
the board and shall enforce the laws of the county and, where applicable, the Commonwealth and
shall insure ensure the faithful performance of all administrative duties required by the board.
The board may enter into an employment agreement with the county administrator, defining
terms of employment.
§ 4.2. Duties and responsibilities.
The county administrator shall have all the responsibility and shall carry out all the duties
prescribed by § 15.2-407 of the Code of Virginia, as now and hereafter may be amended and in
addition, such other duties and responsibilities as may be established by the board of supervisors.
The county administrator shall devote his full time to the work and services of the county
under the direction of the board of supervisors to whom he shall be accountable. He need not be
a resident of the county at the time of his appointment but must become an actual resident of the
county within a time prescribed by the board.
Any person, other than a member of the board, holding an elective office may be appointed
county administrator but his qualification for office shall not be valid until the expiration of one
year from the time he shall resign his elected office.
In the case of the absence or disability of the county administrator, the board shall designate
a county official to perform the duties of his office.
In addition to such responsibilities, it shall be the duty of the county administrator:
(1) To execute and enforce all lawful resolutions and orders of the board concerning
any department in the county government, and to see that all laws of the
Commonwealth required to be enforced through the board are faithfully executed.
(2) To make reports to the board in regard to matters of administration, and keep it
fully advised as to the financial condition of the county.
(3) To appoint qualified officers and employees to head the administrative
departments of the county and to dismiss, suspend and discipline, in accordance
with duly adopted personnel regulations, all officers and employees in such
0423(25):97408.2 7 4 �, G ''-42
departments, except as otherwise specifically provided by law or this charter.
Department heads who are appointed by the county administrator shall serve at
the pleasure of the county administrator. Deputy county administrators shall be
appointed by the county administrator upon the approval of the board of
supervisors. The real estate assessor shall be appointed by the county
administrator.
(4) To designate himself or some other officer or employee to perform the duties of
any office or position of the administrative service under his control which is
vacant or which lacks administration due to the absence or disability of the
incumbent.
(5) To recommend to the board appropriate ordinances to carry out the policies of the
board.
(6) To assign any employee of the county to any department requiring services in
accordance with duly adopted personnel regulations.
(7) To prescribe such rules and regulations as he deems necessary or expedient for
the conduct of administrative departments or agencies subject to his authority, and
he shall have the power to revoke, suspend or amend any rule or regulation of any
such department or agency, promulgated by any officer or employee subject to his
control, so long as such rules or regulations are not promulgated by the board of
supervisors.
(8) To investigate and examine or inquire into the affairs or operation of any
department, division, office or agency of the county.
(9) To attend and address the board at any meeting thereof.
(10) May direct any department, division or agency of the county to perform work for
any other department, division or agency and may, subject to his retention of
general supervision and control, delegate any powers and duties conferred upon
him by this charter to any other officer or employee who is subject to his
supervision.
In addition to the foregoing enumerated duties and responsibilities, the county administrator
shall have all other duties and responsibilities imposed upon or granted to him by other
provisions of this charter or conferred upon him by the board of supervisors.
CHAPTER 5. BUDGET AND ACCOUNTING
§ 5.1. Fiscal year.
The fiscal year of the county shall begin on the first day of July of each year and shall also
constitute the budget and accounting year. Except as provided for in this charter, the provisions
of title 15.2 of the Code of Virginia shall control the preparation, consideration, adoption and
execution of the budget of the county.
0423(25):97408.2 8 C, i 011 0 0 ;
§ 5.2. Submission of budget and budget message.
The county administrator shall submit to the board a recommended operating and capital
improvement budget and a budget message by March 15th of each year.
The budget message shall contain the recommendation of the county administrator
concerning the fiscal policy of the county, a description of the important features of the budget, a
five-year capital budget, a three-year projection for revenues and expenditures and an
explanation of all significant changes in the budget as to estimated receipts and recommended
expenditures as compared with the current and last preceding fiscal years. No later than March
1st of each year, the superintendent of schools shall submit to the county administrator his
estimate of projected revenues and expenditures for the next fiscal year in a form requested by
the county administrator as well as a five-year capital improvements program. By January 1st of
each year the director of social services, the director of mental health support services and mei4a!
Ne*a�, the extension agent, the circuit court and district court and the constitutional officers
shall submit to the county administrator their estimates of projected revenues and expenditures
for the next fiscal year in a form requested by the county administrator.
§ 5.3. Introduction of appropriation resolution.
At the same time that he submits the budget, the county administrator shall recommend to the
board an appropriation resolution and any ordinances recommending new taxes or altering the
rate of any existing tax necessary to balance the budget.
§ 5.4. Adoption of budget.
After the public hearing as required by law the board may make such changes in the budget
as it may determine, except that no item of expenditure for debt service shall be reduced or
omitted below what the county is obligated to pay. The operating budget and capital
improvements budget shall be adopted by resolution by the vote of at least a majority of all
members of the board not later than May 1st of each year. Appropriations in addition to those
contained in the general appropriation ordinance may be made by the board only if there is
available in the general fund an unencumbered and unappropriated sum sufficient to meet such
appropriations.
§ 5.5. Borrowing.
The board of supervisors may incur indebtedness by issuing bonds, notes or other obligations
for the purposes, in the manner and to the extent provided for by the Constitution of Virginia and
the Code of Virginia. The term indebtedness shall not include contractual obligations of the
county, lease/purchase agreements subject to annual appropriations and revenue bonds payable
solely from revenue producing properties or activities.
CHAPTER 6. ADMINISTRATION
§ 6.1. Creation of aDepartments and divisions.
0423(25):97408.2 9`
(2) TloP.,,.t,v,o,tt ..f Bari get and A .....,,,,,tin
(3) DePai4ment of Paliee.
b'
(4) Tl o...,, -1-w, e t e f Fir -0
Planning.
(4) Tlopa ftm ei4 of Health.
The departments and divisions of the county in existence on July 1, 2017 shall remain in
existence unless chanced in accordance with this charter.
The county administrator, in consultation with the board of supervisors,
may create, new dep , me is or divisions of combine, or abolish existing departments or
divisions, Wil—distribute the functions thereof, Brand establish temporary departments or
divisions for special work, provided, however, that neither the county administrator nor the board
shall have the power to abolish, transfer or combine the functions of the constitutional officers;
or public school -functions .
§ 6.2. Responsibilities of division -and -department heads.
There shall be a director at the head of each department. The director of each a,lmiii st,,alive
department, except the constitutional officers and the county attorney, shall be appointed by the
county administrator „ren advising and infer -ming in consultation with the board in advance of
such proposed appointment
with this ehai4e Such directors shall serve in accordance with applicable personnel policies and
may be removed by the county administrator upon advising and informing the board in advance
of such decisions. The director of each department shall be chosen on the basis of his executive
and administrative ability, experience and education. The irector
of social services; and the director of mental health support servicesan ,septal r-etafd t;a r a
the dir-eet,.,. of the health Elepa .t,,., o„t shall be appointed in accordance with this charter.
§ 6.3. Responsibility of division -and -department directors to the board and county
administrator.
The directors of each .,,1m inist,..,ti department, except the constitutional officers and those
departments not appointed by the county administrator or board of supervisors, shall be
responsible to the county administrator and board for the administration of their respective
departments and their advice may be required by the board on all matters affecting their
0423(25):97408.2 10'; `
departments. They shall make reports and recommendations concerning their departments, but
unless specifically requested, such reports and recommendations shall be made by the county
administrator under such rules as the board may prescribe.
§ 6.4. Personnel rules and regulations.
Personnel system shall be established by the board of supervisors for county .,,ainin slr- ive
officials and employees. Such a system shall be based on merit and professional ability without
regard to race, national origin, religion, sex or political affiliation. The personnel system shall
include a classification plan for service, a staff development pian, a uniform pay plan and a
procedure for resolving grievances for employees of the county as provided by general law.
Employees of constitutional officers and other agencies may participate in the personnel system
at the discretion of the board and upon the concurrence of the constitutional officer.
§ 6.5. County attorney.
The county attorney shall be the chief civil legal advisor of the board, the county
administrator and of all departments, boards, commissions and agencies of the county in all
matters affecting the interests of the county and shall represent such departments and its
employees in all civil litigation arising out of the provision of services. In addition to the duties
of the county attorney provided by general law, the county attorney shall perform such other
appropriate responsibilities as are assigned to him by the board. The county attorney shall be
appointed by the board, shall serve at its pleasure, and his compensation shall be fixed by the
board. He shall devote his full time and attention to the work and services of the county and the
board may authorize the employment of assistant county attorneys as needed.
§ 6.6. Reserved.
Vir-b
assignedinia. The tr-eastffer- shall be the eustedian of all publie moneys of the eeufAy a -Rd shall hasueh powers and duties as afe pr-evided by the Constitution and geneFal !a -,A,. He shall per
sueh ether- dt4ies as may be
the Constitution and gene --al laws of te G..mmei+ e 1tb
regarding
assignedand lieenses and the eelleetien of other- taxes as pr-evided by the Ganstitt4ien and geaei:al laws ef
the GanRnai+wealth. He shall pei:ferm sueh other- duties as may be
The difeeter- of budget and management shall per-fefm sueh budgeting and finaneial
> >as amended,
0423(25):97408.2 11 G 112 0 0 ;
b
> > as amended,
and as dir-eeted by t
b as sueh b .
> eeiffimissiener- of > dir-eetef of budget b ,
,.laee.7 e siieh eff ee
§ 6.7. Department of police.
The police department shall be composed of a chief of police and such officers, patrolmen
and other employees as the board of supervisors may determine. The powers and duties set forth
in §f 15.2-1704 and 15.2 ' of the Code of Virginia shall apply to the police force. The chief
of police shall be responsible for the immediate direction and control of the department. The
chief shall solely, within his discretion and subject to the other provisions herein, select, employ,
promote, and terminate such officers, patrolmen and employees. He shall also select, employ,
promote, and terminate the animal warden and his deputies, provided that all other provisions of
§ 3.' ''�0 3.2-6555 of the Code of Virginia remain in effect. The chief may adopt rules and
regulations for the police department in the same manner as rules and regulations are adopted for
other departments.
The chief of police shall be appointed by the county administrator upon the approval of the
board of supervisors. The chief of police may only be dismissed with approval of the board of
supervisors.
The r-e—ai.A., member-, if any, shall be appeitAed by the beafd and shall be neither- a
ofsupefviser-s for- eause-.
§ 6.8. mar- men of 4re]Ieserved.
b
htefs an
employees as the boa -rd may detefmine. The ehief of fire shall have immediate dir-eetion and
eentfel of the depa#meat, as head of the Elepaftmei4. The ehief of fife shall be appOinted b5, t
0423(25):97408.2 12 C;
judge, and
The r-e—ai.A., member-, if any, shall be appeitAed by the beafd and shall be neither- a
ofsupefviser-s for- eause-.
§ 6.8. mar- men of 4re]Ieserved.
b
htefs an
employees as the boa -rd may detefmine. The ehief of fire shall have immediate dir-eetion and
eentfel of the depa#meat, as head of the Elepaftmei4. The ehief of fife shall be appOinted b5, t
0423(25):97408.2 12 C;
in aeeefdanee with established per -so
§ 6.9. Department of social services.
The department of social services shall consist of the director of social services, a social
services board, and such other officers and employees organized in such manner as may be
provided by the director. The department shall be responsible for the duties imposed by the laws
of the Commonwealth of Virginia relating to public assistance and relief of the poor and such
other powers and duties as may be assigned by the board of supervisors or the social services
board. The director of social services shall be appointed by the social services board and he shall
have general management and control of the department. The director shall in all ways cooperate
with the county administrator so that the provision of social services is fairly coordinated with
the provision of other governmental services. The social services board shall consist of members
appointed in the same fashion as existed prior to the adoption of a charter or modified in
accordance with general law. The social services board shall have such authority as is vested in it
by general law and may adopt necessary rules and regulations not in conflict with this charter or
general law concerning such department. The social services board and the board of supervisors
shall meet jointly at least annually for the purpose of discussing common issues and methods of
providing the most efficient services to the public. In addition, at least annually prior to January
1 st, the director shall meet with the county administrator to discuss program plans and budgetary
needs for the next fiscal year.
§ 6.10. Department of mental health support servicesand mental retaFdation.
The department of mental health support services and mor+„l tar- atter shall consist of the
director of mental health support services—and *.,,.,a4ie , a community services board,
and such officers and employees organized in such manner as may be provided by the director.
The department shall be responsible for the duties imposed by the laws of the Commonwealth of
Virginia relating to mental health and mental retardation and such other powers and duties as
may be assigned by the board of supervisors or the community services board. The director of
mental health support servicesan mei4a ,.elan -chat ,,, shall be appointed by the community
services board and he shall have general management and control of the department. The director
shall in all ways cooperate with the county administrator so that the provision of mental health
and mental retardation services is fairly coordinated with the provision of other governmental
services. The community services board shall consist of members appointed in the same fashion
as existed prior to the adoption of a charter. The community services board shall have such
authority as is vested in it by general law and may adopt necessary rules and regulations not in
conflict with this charter or general law concerning such department. The community services
board and the board of supervisors shall meet jointly at least annually for the purpose of
discussing common issues and methods of providing the most efficient services to the public. In
addition, at least annually prior to January 1st, the director shall meet with the county
administrator to discuss program plans and budgetary needs for the next fiscal year.
0423(25):97408.2 13'��
§ 6.11. Department of health.
The department of health shall perform such responsibilities as are placed on leea4-health
departments by the general laws of the Commonwealth and shall be responsible for the
protection of the public health as existed prior to the adoption of a charter. The difeel8l. Of health
eligibleshall be appointed from a list of
eensult-atien v tithebear-d-ef s"efvisar-s—The management of the department shall be the
responsibility of the director of health who shall coordinate the provision of services with the
county administrator. The director shall appoint and remove such employees in such a manner as
is authorized by the Commonwealth of Virginia and in accordance with established state and
county personnel policies.
§ 6.12. Internal auditor.
The internal auditor shall be responsible for providing internal accounting and auditing
controls to assure compliance with applicable laws, contractual obligations and accepted
accounting practices to safeguard against loss or inefficiency. Such internal auditor shall have
access to all eeu records or documents of the county and the school board of the county
subject to applicable law.
§ 6.13. Department of economic development.
The department of economic development shall consist of a director and such officers and
employees organized in such a manner as may be provided by the county administrator. The
department shall be responsible for administering a comprehensive economic development
program which focuses on attracting new businesses to the county and expanding existing
businesses. In addition to these duties, the department shall perform such other responsibilities as
may be assigned by the county administrator or board of supervisors.
CHAPTER 7. PLANNING AND ZONING
§ 7.1. Planning commission.
There shall be a county planning commission which shall consist of five (5) members, one
(1) from each magisterial district, who shall be appointed and organized as provided by general
law. If the size of the board of supervisors is revised, the size and composition of the planning
commission shall be changed so that the number of its members shall be consistent with the size
of the board of supervisors.
§ 7.2. Functions of planning commission.
The planning commission shall be responsible for making recommendations to the board of
supervisors on all phases of county planning, including a master plan, long-range planning,
zoning, and subdivision regulations. It shall have the powers and duties provided by general law
and such other powers and duties as may be assigned by the board of supervisors.
0423(25):97408.2 14 () F 7
§ 7.3. Board of zoning appeals.
There shall be a board of zoning appeals appointed as provided by law and with those powers
granted by general law.
§ 7.4. BDirector of planning departmen4.
theboard of stiper-visefs may detef+Rine. The director of planning depaftment shall perform such
responsibilities as are imposed by general law and as may be assigned by the planning
commission and board of supervisors. The director of planning shall have immediate direction
and control of the planning department, shall be appointed by the county administrator and shall
serve subject to the same terms and conditions as are applicable to other department heads. In
addition to the authority granted to the board of zoning appeals pursuant to § 15.2-2309 of the
Code of Virginia, the board of supervisors by ordinance may authorize the director of planning to
grant a variance of not more than two (2) feet from any building setback requirement contained
in the county's zoning or subdivision ordinance if he finds in writing: (i) that the strict
application of the ordinance would produce undue hardship; (ii) that such hardship is not shared
generally by other properties in the same zoning district and in the same vicinity; and (iii) that
the authorization of such variance will not be of substantial detriment to adjacent property and
that the character of the zoning district will not be changed by the granting of the variance.
§ 7.5. Committee on the future of the eounty.
b
planning, Of
and b
meeting the govefmiierAal needs of the people of Chester-field in the future. The eefflffli4ee s
meet at least afh-paally with the beaf-d ef siaperwiser-s and shall pr-epaf e a WF-44efl r-epei4 detailing
:,A4� ft"r-e needs or- problems that are likely to eeeur- in the ftitufe. The eemmiaee shall seek to
aiAieipa4e long range pfeblems and ehanges within the eaunty and develep selt4iens that ea-n
b
es. Thseepe of the eemmiAee's r-espensibilities shall not be limited by any euffei4 b
issues,er-ies of
pefeeived long range issues f4eing the eeuntt,. Stag suppoFt shall be pr-evided by the plamiing
boa-rd of supen,isar-s shall be required to respond in wr-iting to all >
or- selutia
raised in then rvrit4ees annual r peA
§ 7.6. Substantial accord review of public facilities.
Any public area, facility or use, as defined by § 15.2-2232 of the Code of Virginia, which has
been approved by the board of supervisors following a public hearing held pursuant to the
county's zoning ordinance shall be exempt from the requirement for submittal to and approval by
the county's planning commission or governing body under § 15.2-2232 of the Code of Virginia,
0423(25):97408.2 15
'ir�..
10 _�
so long as such public area, facility or use remains subject to the requirements of the zoning
ordinance. Once a public facility has been determined to be in substantial accord with the
county's comprehensive plan or is shown on the public facilities plan, then additional property
for such facility may be added without submittal and approval under § 15.2-2232 of the Code of
Virginia. In addition, all telecommunications facilities of the nature defined in the county's
zoning ordinance as "communication small cell" shall be exempt from the requirements for
submittal and approval under § 15.2-2232 if the facilities are located within a zoning district
where such use is either permitted by right, or permitted with restrictions provided that all such
restrictions are satisfied. Property not owned by the county but used by the county pursuant to
a rental, lease, or license agreement shall be exempt from the requirements of submittal and
approval under § 15.2-2232.
§ 7.7. Transportation improvement districts.
The board of supervisors may create transportation improvement districts relating to
interstate, primary and secondary roads in commercial or industrial areas, subject to the
procedures, conditions and limitations provided in chapter 47 of title 15.2 of the Code of
Virginia, to the extent that such procedures, conditions and limitations are not inconsistent with
the authority granted by this section. The provisions of §§ 15.2-4526 and 15.2-4533 of the Code
of Virginia shall also apply, mutatis mutandis. The petitions required to create or enlarge a
district must be signed by fifty-one (51) percent of the owners of land within the proposed
district. Each district which may be created shall include only one (1) highway project, and the
boundaries of one district may not overlap those of any other district.
CHAPTER 8. EDUCATION
17,
0423(25):97408.2 16
...
. _MKSW
NOE
17,
0423(25):97408.2 16
§-8.A.M"; Election of school board members.
The school board of the county shall
consist of five (5) members and shall be elected one (1) from each magisterial district. The terms
of the members of the school board shall be the same as the members of the board of supervisors
and elections of school board members shall be held simultaneously with the election of board of
supervisors. If the size of the board of supervisors is revised, the size and composition of the
school board shall be changed so that the number of its members shall be consistent with the new
size of the board of supervisors.The ini-tial—eleeted se13eel bemall be eleete,1 i +hee
November- 1995 gene, --al eleetien.
§ 8.2. Management of school system.
The administration of the public school system shall remain the responsibility of the school
board in accordance with the Constitution and general laws of the Commonwealth. The
superintendent shall be appointed by a majority vote of the school board members. The
superintendent of schools shall be responsible for providing in a timely fashion to the county
administrator all financial documents, long-term projections and other materials that the county
administrator and the board deem necessary to make appropriate decisions regarding budget and
appropriation decisions by the board of supervisors. The County of Chesterfield shall receive
state aid for education in the same manner as existed prior to the adoption of the charter. Title to
all real property of the school system shall be vested in the County of Chesterfield.
CHAPTER 9. MISCELLANEOUS PROVISIONS
§ 9.1. Immunity from liability.
The county and all its officers, employees and agents shall retain all immunities from liability
available to counties in the Commonwealth of Virginia. No actions or claims shall be instituted
against the county unless the claimant shall have complied with all procedural prerequisites to
such actions or claims as are contained in the Constitution and general laws of the
Commonwealth.
§ 9.2. Retention of funding.
Unless revised or changed by this charter, the County of Chesterfield shall continue to
receive state and federal funds in the same manner as if the County of Chesterfield had no
charter.
§ 9.3. Amendments to charter.
This charter may be amended upon approval of any amendments by the Virginia General
Assembly in accordance with the Constitution and general law of the Commonwealth.
0423(25):97408.2 17
§ 9.4. Severability.
Should any part of this charter be declared unconstitutional by a court of competent
jurisdiction, such action shall have no effect on the constitutionality or validity of any other part
of this charter.
§ 9.5. Incorporation of statutes in ordinances.
Ordinances enacted by the governing body may incorporate into such ordinances by
reference statutes related to traffic infractions or misdemeanors involving a motor vehicle which
are contained within the following chapters and articles: (i) Chapter 1; Articles 1, 6.1, 8, 9, 11
and 15 of Chapter 3; Articles 1, 2 and 7 through 11 of Chapter 6; Chapter 8; Articles 1 and 3
through 22 of Chapter 10; Chapter 12; Chapter 15; and Chapter 16 of Title 46.2 of the Code of
Virginia; (ii) Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia; and
(iii) Article 9 of Chapter 11 of Title 16.1 of the Code of Virginia upon the effective date of such
amendments; such incorporation shall include all future amendments to the incorporated statutes
without further legislative action by the governing body unless a contrary intent is stated.
Nothing contained in this section shall require the reenactment of ordinances heretofore validly
adopted.
. • 7-11
..cam
0423(25):97408.2 18
CHESTERFIELD COUNTY
`yam BOARD OF SUPERVISORS Page 1 of 1
AGENDA
1749
R�N
Meeting Date: October 26, 2016 Item Number: 8.A.7.
Subject:
Transfer $680 in Bermuda District Improvement Funds to the Parks and
Recreation Department to Pay the Cost of Renting a Tent and Chairs and
Providing Labor for the Annual Veteran's Day Ceremony at Bensley Park
County Administrator's Comments:
County Administrator:
Board Action Requested:
Transfer $680 in Bermuda District Improvement Funds to the Parks and
Recreation Department to pay the cost of renting a tent and chairs and
providing labor for staffing and cleaning the Community Building as part of
the annual Veteran's Day Ceremony at Bensley Park.
Summary of Information:
Supervisor Jaeckle requests the Board to approve the transfer of $680 from
the Bermuda District Improvement Fund to pay costs associated with the annual
Veteran's Day ceremony at Bensley Park. The Parks and Recreation Department,
in conjunction with the Bensley Civic Association, will sponsor the 2016
Veteran's Day ceremony on November 11, 2016 at Bensley Park to honor all
military veterans. The $680 will be used by the Parks and Recreation
Department to pay the cost of renting a tent and chairs for the 2016
Veteran's Day ceremony and pay charges related to the staffing and cleaning
of the Community Building. 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: Matt Harris Title: Director, Budget and Management
0425:97448.1
Attachments: 0 Yes F-1No
CHESTERFIELD COUNTY
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.
1. What is the name of the applicant (person or
organization) making this funding request?
William Stubbs, Bensley Veterans Association
ON
2. If an organization is the applicant, what is the
nature and purpose of the organization?
see attached
(Attach organization's most recent articles of
incorporation and/or bylaws to application.)
3. What is the amount of funding you are seeking?
$6 4:7'i.�(Q�t?
4. Describe in detail the funding request and how
Annual Veteran's Day Celebration: tent and chair
the money, if approved, will be spent.
rental, custodian and staffing at event
5. Is any Chesterfield County Department involved
in the project, event or program for which you
are seeking funds?
Yes
Provide name of other department
Parks and Recreation
6. If this request for funding will not fully fund
your activity or program, what other individual
Friends of W. T. Stubbs, veterans, and businesses on
or organization will provide the remainder of
Jefferson Davis Highway
the funding?
7. If the applicant is an organization, answer the
following
Is the organization a corporation
No - corporation
Is the organization non-profit?
No - non-profit
Is the organization tax-exempt?
8. Applicant information:
Mailing Address
Telephone Number
Fax Number
E -Mail Address
Signature of the applicant — If you are signing on
behalf of an organization you must be the
president, vice-president, chairman/director or
vice-chairman.
For Internal Use
Date Received:
District:
No - tax-exempt
2707Sherbourne Road, North Chesterfield, VA
23237 - address
804-275-6626 - phone
- fax
- email
Name of Applicant
t 1
President, Bensley Veterans Association — Title
If signing on behalf of organization
William T. Stubbs - printed name
= date
-cr / <') -2, 16
CHESTERFIELD COUNTY
�ig BOARD OF SUPERVISORS Page 1 of 2
,s v AGENDA
Meeting Date: October 26, 2016 Item Number: 8.A.8.
Subject:
Authorize the County Administrator
County Child Advocacy Center and
up to $150,000, to Youth Planning
County Administrator's Comments:
County Administrator:
Board Action Requested:
to Execute a Lease for the Chesterfield
Appropriate and Transfer Existing Funds,
and Development
Authorize the County Administrator to execute a lease for the Chesterfield
County Child Advocacy Center and appropriate and transfer existing funds,
up to $150,000, to Youth Planning and Development.
Summary of Information:
Child advocacy centers (CAC) facilitate investigation, prosecution,
medical treatment, and therapeutic treatment following an allegation of
sexual or physical abuse of children. Chesterfield County's CAC will
provide a location for members of the multidisciplinary team (Police,
Social Services, Commonwealth's Attorney, and Mental Health Support
Services, among others) and area medical professionals to offer
comprehensive services, including best practice forensic interviews,
education and advocacy. A CAC is a child -focused, facility based approach
where representatives from all disciplines interview, discuss and make
decisions as a team and through collaboration and interaction with victims
and their families.
The CAC will be a program of Youth Planning and Development. First year
operating and start-up costs are not to exceed $150,000. Existing grant
appropriations for youth services are sufficient to cover all first year
Preparer: Sarah Snead Title: Deputy County Administrator
Preparer: Matt Harris
Title: Director, Budget & Management
Attachments: E Yes ® No
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 2
AGENDA
Summary of Information (Continued):
costs. Moving forward, grant awards are available for established CAC's
and are anticipated initially to provide funding a minimum of $70,000.
Once accreditation is received, available grant funding for the CAC is
anticipated to increase to $100,000 per year. It is the goal to have long-
term on-going operating costs, including the staffing resource from an
existing vacant funded position, to be provided from such grant sources.
Such on-going costs and grant sources will be further defined in the FY18
budget process.
The Board is requested to authorize the County Administrator to execute a
lease for the CAC under the following criteria. The facility should not
exceed 3,000 square feet and at a full-service rate (not to exceed market
value as determined by the Real Estate Assessor and Real Property Manager)
that includes facility maintenance, janitorial and utilities. The Real
Property Manager and County Attorney will approve all terms of the lease
prior to execution by the County Administrator.
If such lease is located in an area previously approved via substantial
accord for governmental use, then no further Board of Supervisors action
is needed. If a new location is sought, then the appropriate substantial
accord process would need to occur.
01000°
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: October 26, 2016 Item Number: 8.13.1.
Subiect:
Nomination/Appointment to the Youth Services Citizen Board
County Administrator's Comments:
County Administrator:
Board Action Requested:
Nominate/appoint a member to serve on the Youth Services Citizen Board.
Summary of Information:
The purpose of the Youth Services Citizen Board is to advise the Board of
Supervisors regarding planning and policies affecting youth development and
to provide a community forum to focus on youth issues.
Bermuda District. Supervisor Jaeckle recommends that the Board nominate and
appoint Ronique Day, an adult, for a term effective immediately and expiring
June 30, 2019.
Ms. Day meets all the eligibility requirements to fill the vacancies and have
indicated their willingness to serve.
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.
Preparer: Jana D. Carter Title: Director, Juvenile Services
Attachments: 1:1 Yes 0 No #
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: October 26, 2016 Item Number: 9.A.
Subiect:
Report of Planning Commission Substantial Accord Determination for
Chesterfield County Public Schools (Case 17PD0105) to Permit a Public
Elementary School in an Agricultural (A) District
County Administrator's Comments:
County Administrator -
Board Action Requested:
On October 18, 2016, the Planning Commission determined that the proposed new
elementary school is in substantial accord with the Comprehensive Plan, as
per attached (Case 17PD0105). (AYES: Wallin, Sloan, Freye, and Jones.
ABSTAIN: Jackson). Staff recommends no action.
Summary of Information:
State law provides that the Board may overrule the Planning Commission's
determination or refer the matter back to the Planning Commission for an
additional public hearing and decision. If the Board takes no action, the
substantial accord determination will become final.
Preparer: Kirkland A. Turner
Attachments: 0 Yes F-1No
Title: Director of Planning
CASE NUMBER: 17PDO105
APPLICANT: Chesterfield County Public Schools
APPROVAL
CHESTERFIELD COUNTY, VIRGINIA
ADDENDUM
Magisterial District: MIDLOTHIAN
1501 Old Hundred Road
(AYES: WALLIN, SLOAN, FREYE AND JONES. ABSTAIN: JACKSON)
1749
LU
LU
Board of Supervisors (BOS)
Public Hearing Date:
it
OCTOBER 26, 2016
os,�o Request
Property
Applicant's Agent:
CHRISTOPHER A. SORENSEN
(804-748-1729)
04
Planning Department Case Manager:
DARLA ORR (804-717-6533)
W+
APPLICANT'S REQUEST
Substantial accord determination to permit a public elementary school in an Agricultural (A)
Construction of a new elementary school with a design capacity of 900 students is planned.
A. Conditions may be imposed.
B. Conditions approved by the Planning Commission are located in Attachment 1.
The purpose ofthis Addendum is to provide the Planning Commission's recommendation from their
October 18, 2016 public hearing.
The Planning Commission held a public hearing on this C@5e at their meeting on October lO.
20I6. Their determination isprovided below.
Staff continuestDreCOrnnn8nd approval of thist as outlined on the followin
DETERMINATION
PLANNING
APPROVAL
COMMISSION
(10/18/2016)
(AYES: WALLIN, SLOAN, FREYE AND JONES. ABSTAIN: JACKSON)
Providing aFIRST CHOICE community through excellence inpublic service
RECOMMENDAT1110N
RECOMMEND APPROVAL
• Satisfies the criteria of location, character and extent as
specified in the Code of Virginia
• Complies with Public Facilities Plan (Plan), an element of the
Comprehensive Plan
STAFF
9 While the Plan suggests a design capacity of between 600-750
students for new elementary school facilities, the proposed
design capacity of 900 students offers a flexible design to
better meet the needs of the community
• Ordinance and conditions minimize the possibility of any
adverse impact on area properties
17PDO105-2016OCT26-BOS-ADD
r. _3
17PDO105-2016OCT26-BOS-ADD
A 4,N
Applicant Submittals
7/11/2016
Application submitted
Community Meeting
10/5/2016
Issues Discussed
• Timing of construction and anticipated school opening
• Internal layout of school
• Class sizes
• Design capacity of 900 students
• Ensuring facility is constructed to handle capacity needs
• Trailers as classrooms; safety and student convenience
• County survey revealed public wants education as a priority for county
• Quality of education is important
• Prefer more trailers than more students in classes
• Plan encourages smaller schools as reports indicated smaller schools were
better
• space needs at Watkins Elementary until relief provided by new school
Planning Commission Meeting
10/18/2016
Citizen Comments
• Questioned impact of school construction on existing stream
• Public Facilities Plan supports location of school; deferral
appropriate to assess impacts of larger school design on quality of
education
• Larger school design affords more space and smaller class sizes
without impacting quality of education
• New school provides relief to overcrowding at Watkins Elementary
• Important to ensure that new schools do not become overcrowded
• Need guarantees that additional space would be used for students,
that the 900 student design capacity would not yield a 900 student
enrollment, and that school trailers would not be needed with the
additional space; deferral appropriate for further discussion
Commission Discussion
Mr. Jones noted there had been a community meeting where citizens expressed
support for a larger school. After further discussions with school
representatives, he was comfortable his questions had been addressed.
In response to questions of Mr. Jackson, Dr. Lane noted the need for an
increase in school design capacity from 750 to 900 students was based upon
growth projections for the next 10 years; similar evaluations were performed
for other proposed elementary school sites. He noted the additional space
would accommodate smaller classroom sizes.
r. _3
17PDO105-2016OCT26-BOS-ADD
Planning Commission Meeting (Continued)
10/18/2016
Dr. Wallin noted that the ultimate determination for student programing rests
with schools. He recognized that through the consideration of the
comprehensive plan, there was much discussion focused on elementary and
middle school design capacity with the involvement of schools. As such, a
change in the direction requires an explanation, which has been provided by
schools and made part of the staff report.
In response to a question of Dr. Wallin's, Dr. Lane noted the residual acreage
not used by the school would either be in surplus for a future County use or
marketed.
Mr. Jones made a motion to move forward with case. Mr. Jackson offered a
substitute motion to defer the case to the Commission's November 15, 2016
public hearing. These motions died due to lack of a second.
Dr. Wallin, while supportive of the request, noted he had been prepared to
defer a decision in light of citizens' comments; however, given the pending
purchase of the property, the consensus that the location for the school was
appropriate, and the explanation for the residual property usage, he felt it was
in the best interest of the community not to delay the case.
Determination: APPROVED SUBJECT TO THE CONDITIONS IN
ATTACHMENT 1
Motion: Wallin Second: Jones
AYES: Wallin, Sloan, Freye and Jones
ABSTAIN: Jackson
The Board of Supervisors on Wednesday, October 26, 2016, beginning at 3:00 p.m., will
consider this request.
() (']� (D 0 "'J:3
17PDO105-20160CT26-BOS-ADD
ATTACHMENT 1
Note:
The following conditions were recommended by both Staff and Planning Commission
1. Design District. Except where the requirements of the underlying Agricultural (A) zoning
are more restrictive, development of the property shall conform to the requirements of
the Zoning Ordinance for Corporate Office (0-2) Districts in the Emerging Growth Design
District. (P)
2. Recreational Facility Setbacks.
a. With the exception of playground areas which accommodate swings, jungle
gyms or similar facilities, outdoor play fields, courts, swimming pools and similar
active recreational facilities shall be located a minimum of 100 feet from any
proposed or existing single-family residential lot line and a minimum of fifty (50)
feet from any existing or proposed public road. Nothing herein shall prevent
development of indoor facilities and/or parking within the 100 setback. Within
the 100 foot and fifty (50) foot setbacks, a fifty (50) foot buffer shall be provided
along the perimeter of all active recreational facilities except where adjacent to
any existing or proposed public roads. These buffers shall conform to the
requirements of the Zoning Ordinance for fifty (50) foot buffers.
b. Any playground area (i.e. area accommodating swings, jungle gyms or similar
such facilities) shall be located a minimum of forty (40) feet from all property
lines. A forty (40) foot buffer shall be provided along the perimeter of these
facilities except where adjacent to any existing or proposed public roads. These
buffers shall conform to the requirements of the Zoning Ordinance for fifty (50)
foot buffers. (P)
3. The 100 -year post -developed discharge rate to the existing downstream pond shall not
exceed the 100 -year pre -developed discharge rate. (EE)
"J
5 17PDO105-2016OCT26-BOS-ADD
CASE NUMBER: 17PDO105
APPLICANT: Chesterfield County Public Schools
STAFF WILL ADVISE THE BOARD OF THE COMMISSION'S ACTION
CHESTERFIELD COUNTY, VIRGINIA
STAFF'S ANALYSIS
% AND
Magisterial District: MIDLOTHIAN
1501 Old Hundred Road
RECOMMENDATION
RECOMMENDATION
RECOMMEND APPROVAL
0 Satisfies the criteria of location, character and extent as
specified in the Code of Virginia
Board of Supervisors (BOS)
Comprehensive Plan
STAFF
Public Hearing Date:
students for new elementary school facilities, the proposed
OCTOBER 26, 2016
os" 'AL 1. Request
Prop erty
Applicant's Agent:
CHRISTOPHER A. SORENSEN
adverse impact on area properties
(804-748-1729)
Planning Department Case Manager:
W+
APPLICANT'S REQUEST
Substantial accord determination to permit a public elementary school in an Agricultural (A)
Construction of a new elementary school with a design capacity of 900 students is planned.
A. THIS CASE IS SCHEDULED FOR A PLANNING COMMISSION PUBLIC HEARING ON OCTOBER 18,2016
B. Conditions may be imposed.
C. Conditions, an exhibit, and a memorandum from Schools are located in Attachments 1 — 3.
DETERMINATION
PLANNING
STAFF WILL ADVISE THE BOARD OF THE COMMISSION'S ACTION
COMMISSION
(10/18/2016)
RECOMMENDATION
RECOMMEND APPROVAL
0 Satisfies the criteria of location, character and extent as
specified in the Code of Virginia
0 Complies with Public Facilities Plan (Plan), an element of the
Comprehensive Plan
STAFF
0 While the Plan suggests a design capacity of between 600-750
students for new elementary school facilities, the proposed
design capacity of 900 students offers a flexible design to
better meet the needs of the community
a Ordinance and conditions minimize the possibility of any
adverse impact on area properties
Providing a FIRST CHOICE community through excellence in public service
2 17PD0105-2016OCT26-BOS-RPT
4 17PD0105-2016OCT26-BOS-RPT
Anew elementary school is planned. The new facility would occupy approximately 23 acres of the
request property. The facility would include an educational building, parking area, bus loop and
outdoor recreational facilities, such as a playground and sports fields. (Exhibit A, Attachment 2)
PUBLIC FACILITIES PLAN
The Public Facilities Plan (Plan), an element of the Comprehensive Plan, offers the guidance for
locating elementary school facilities. The proposed facility complies with the guidance as
follows:
PROPOSAL
Requirements
Details
CRITERIA
DESCRIPTION
COMPLIES?
Condition 1
Setbacks/Buffers
Minimum setbacks and buffers for recreational use
® New elementary school in the vicinity of Old Hundred and
✓
LOCATION
Otterdale Roads, north of Genito Road and south of
AND TIMING
Midlothian Turnpike
• To be constructed between 2014 and 2020
• Minimum of 20 acres
• Direct access to collector road
✓
SITING
• Contains athletic fields, practice areas and playgrounds
for students and by adjoining community (where
appropriate)
• Located in residential area, not along a major arterial
• Applicant proposes facility with design capacity of 900
students
✓
CAPACITY*
® While 650-700 student design capacity suggested by Plan
for new elementary school facilities, Plan also suggests
design flexibility appropriate to meet community's needs
• Applicant's justification in memorandum (Attachment 3)
*CAPACITY: Design Capacity — Capacity based on
space; Functional Capacity - Uses a facility's
programming requirements such as class sizes
regulated programs
building's physical size and the amount of classroom
usage/programs to measure capacity. Incorporates
and space required for various state and federally
DEVELOPMENT STANDARDS
Development would conform to the following development standards:
General Overview
Requirements
Details
Except where A standards more restrictive, comply with Emerging
Site Design
Growth District Standards (setbacks, height, landscaping, etc.)
Condition 1
Setbacks/Buffers
Minimum setbacks and buffers for recreational use
Condition 2
17 P DO105-2016OCT26-BOS-RPT
FIRE SERVICE
Staff Contact: Anthony Batten (804-717-6167) BattenA@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Swift Creek Fire Station, Company Number 16
EMS Facility The Swift Creek Fire Station, Company Number 16
When the property is developed, the number of hydrants, quantity of water needed for fire
protection, and access requirements will be evaluated during the plans review process.
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county -wide
transportation needs that are expected to mitigate traffic impacts of future growth. The
anticipated traffic impact of the proposal has been evaluated and recommendations are
detailed in the chart below:
Potential Site Plan Recommendations
Right of Way Recordation
• 45 feet from centerline along Old Hundred Road.
Vehicular Access Control
• Access to Old Hundred Road limited to 2
entrances/exits
Road Improvements
• Pavement along Old Hundred Road to provide left
and right turn lanes at each approved access.
• Pedestrian accommodations that correspond with
the School Transportation Bus Stop Policy, which
may include construction of a sidewalk along the
east side of Old Hundred Road for the property
frontage and to the intersection of Brightwalton
Road.
• School area traffic control signs along Old Hundred
Road.
Note: "Off-site" right of way may need to be acquire to
provide the road improvements listed above.
6 17PDO105-2016OCT26-BOS-RPT
To date, no comments received from VIDOT on this request.
The proposal's impacts on the County's utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing Line Connection Required by County Code?
Serviced?
Water I No 1611 Yes
Wastewater J No 3611 & 81) Yes
Utilities Issues
This site is located within the mandatory public water and wastewater
use for non-residential development. There is a 16 -inch waterline along
Old Hundred Road adjacent to this site. The 36 -inch wastewater line
(Tomahawk Creek Trunk Sewer) that would serve this site is
approximately 11,500 linear feet south of the site and will require cross -
county easements for extension.
In addition, across Old Hundred Road west of school site, a future section
of The Landing at Roseland will be constructing an 8" wastewater line
and have dedicated an easement that will allow a connection to the
future school site. The school would likely have to collect wastewater
into an on-site pump station and discharge to a gravity sewer that would
be extended across Old Hundred Rd by the County to serve the proposed
school. At some point in the future when the Tomahawk Creek Trunk
Sewer is extended closer to the site, the pump station could be
abandoned and gravity wastewater lines extended to allow the sewer to
follow its natural flow.
7 17PDO105-2016OCT26-BOS-RPT
I Map 4: Existing Utilities
16" WATERLINE
DEDICATED EASEMENT
THE LANDING AT ROSELAND
FUTURE TOMAHAWK CREEK
TRUNK SEWER EXTENSION
AC C U RACY OF e N FO R Wk F rON Nor G JARAN t E ED Chesterfield County
Th 11 11 Is p1—dd to yot, as a p�'b kc se, o. Department of Utilities
V�F PO � 40 r tRJAR AN7 E E' � r$ AC C L] RA CY
s qg T �r, w,y —) y
,, o. .,,, kgr-, �g t.
F j R,1—. the y— -d AUG 2016
JMB
-y p-- SCALE: 1"=1,100'
b be mcc—t.
d.
8 17PDO105-2016OCT26-BOS-RPT
Stormwater
Issue
Discussion/Conditions
• Located within the Upper Swift Creek Watershed
• Approximately two thirds of the site slopes to the south at about
seven percent to an unnamed tributary to Reedy Creek
Geography
• Remaining one third slopes to a creek on the eastern side of the
site, which discharges into Reedy Creek
• Slopes are generally two to five percent, flatter along the center of
the property and sloping to the east and southeast
• There are no 100 -year floodplains on-site
• A Natural Resources Inventory (NRI) has been submitted to
Environmental Engineering -Water Quality Section for review.
Environmental
Approval of the NRI and Resource Protection Area (RPA) is pending
Features
field confirmation and must be obtained prior to site plan approval
• There are several pockets of wetlands within the limits of the
property. Wetlands shall not be impacted without approval from
US Army Corps of Engineers
There is an existing pond downstream of the southern stream on the site;
therefore, the 100 -year post -developed discharge rate to the pond will
Drainage
need to be detained/retained to below the 100 -year pre -developed
discharge rate
Condition 3
• The project is subject to the Part 1113 technical criteria of the Virginia
Storm Water
Stormwater Management Program Regulations for both water
Management
quality and water quantity
• Site is located within the Upper Swift Creek Watershed; therefore,
water quality must be address though on-site SWM/BMP facilities
17 P DO 105-2016OCT2 6- BOS-R PT
-wA
10 17PDO105-20160CT26-BOS-RPT
`
CASE7
Applicant Submittals
7/11/2016
Application submitted
Community Meeting
10/5/2016
Issues Discussed
• Timing of construction and anticipated school opening
• Internal layout of school
• Class sizes
• Design capacity of 900 students
• Ensuring facility is constructed to handle capacity needs
• Trailers as classrooms; safety and student convenience
• County survey revealed public wants education as a priority for county
• Quality of education is important
• Prefer more trailers than more students in classes
• Plan encourages smaller schools as reports indicated smaller schools were
better
9 Space needs at Watkins Elementary until relief provided by new school
Planning Commission Meeting
10/18/2016
STAFF WILL ADVISE THE BOARD OF THE COMMISSION'S ACTION
:hBoard e B :ard of Supervisors on Wednesday, October 26, 2016, beginning at 3:00 p.m., will
[consider
:n
co dthis request.
-wA
10 17PDO105-20160CT26-BOS-RPT
1. Design District. Except where the requirements of the underlying Agricultural (A) zoning
are more restrictive, development of the property shall conform to the requirements of
the Zoning Ordinance for Corporate Office (0-2) Districts in the Emerging Growth Design
District. (P)
2. Recreational Facility Setbacks.
a. With the exception of playground areas which accommodate swings, jungle
gyms or similar facilities, outdoor play fields, courts, swimming pools and similar
active recreational facilities shall be located a minimum of 100 feet from any
proposed or existing single-family residential lot line and a minimum of fifty (50)
feet from any existing or proposed public road. Nothing herein shall prevent
development of indoor facilities and/or parking within the 100 setback. Within
the 100 foot and fifty (50) foot setbacks, a fifty (50) foot buffer shall be provided
along the perimeter of all active recreational facilities except where adjacent to
any existing or proposed public roads. These buffers shall conform to the
requirements of the Zoning Ordinance for fifty (50) foot buffers.
b. Any playground area (i.e. area accommodating swings, jungle gyms or similar
such facilities) shall be located a minimum of forty (40) feet from all property
lines. A forty (40) foot buffer shall be provided along the perimeter of these
facilities except where adjacent to any existing or proposed public roads. These
buffers shall conform to the requirements of the Zoning Ordinance for fifty (50)
foot buffers. (P)
3. The 100 -year post -developed discharge rate to the existing downstream pond shall not
exceed the 100 -year pre -developed discharge rate. (EE)
11 17PDO105-2016OCT26-BOS-RPT
cool 31Ta$6
12 17 P DO 105-2016OCT2 6- BOS-R PT
James F. Lane, Ed,D. 4) Q1, 7hA IhDA
Superintendent Chesterfield County Public Schools supedmendem@ccpsnet.net
innovative, Engaging, Re�evant.
TO: Dr. Edgar Wallin, Chair
Chesterfield County Planning Commission
FROM:
Superintendent
Christopher A. Scrensen4e7
Assistant Superintendent for Business and Finance
DATE: October 7^2O1G
SUBJECT: Midlothian -Area Elementary School Substantial Accord Application
The Public Facilities Plan within the Chesterfield County Comprehensive Plan outlines
recommended criteria for anew elementary school. The criteria include arecommended design
capacity ofOUO-75Ostudents. Initially, the school division proposed aprototype school for the
Midlothian area consisting of design capacity of 750 mtudenta. The division is now proposing to
construct onelementary school with adesign capacity ofQUOfor the Midlothian -area school with
the understanding that projections don'tmh0wtheoch0o|`$a[±ua|enroUmGntbeing|argerthan
75Oprior to2O25. Aapart ofour substantial accord determination, werequest anexception to
the recommended design capacity |nthe Public Facilities Plan.
There are several reasons for the proposal toconstruct alarger school:
1. Functional capacity, or the actual instructional implementation of the facility, is
almost always less than design capacity. Overall design capacity can bereduced
for the following reasons:
a. Special education will have evarying number students per classroom.
b. English Speakers ofOther Languages will have avarying number students
per classroom.
c� Additional space is required for intensive and/or individual instruction and
related services.
d. Title 1 (not an impact at the Midlothian -area school) schools typically have
smaller class sizes as funding is normally applied toward additional teaching
positions.
a. Preschool programs that require smaller class sizes.
2. The five-year plans continues to include funding targeted at reducing pupi|'to-
teacherratios (PTR). Building alarger school will provide the space for the
additional teachers necessary for this enhanced instructional initiative.
Office of the Superintendent P.O.Box oo mychesterfie|dschmols.com
Chesterfield, VA -23832 An equal opportunity employer
13 17PDO105-2016OCT26-BOS-RPT
3. Enrollment per grade does not always fall into an even number of students that can
be divided by 25 (design capacity). The additional space allows the placement of
students in additional classrooms allowing class sizes to remain in compliance with
the Commonwealth's Standards of Quality.
4. Flexibility if student enrollment outpaces current projections. The goal is not to add
more students, but rather, to add more space to spread out the intended enrollment
of the school. Our current projections indicate that the school will remain less than
750 students (per the Public Facilities Plan) until 2025 (subject to change based on
future population growth in the area).
5. One of the main reasons that school size was recommended to be between 600-
750 students was to maintain the character of neighborhood schools in
Chesterfield. When looking at future neighborhood planning, we feel that this
school size will still meet that intended outcome with the number of neighborhoods
and homes intended in that area.
Ultimately, this decision only adds between six and eight classrooms, providing the school
division the flexibility necessary to implement innovative instructional initiatives and effectively
manage the future needs of our school community. Furthermore, if we built a school at a 750 -
student design capacity, when looking at the lower number of students that could actually fit in the
building when considering functional capacity, we believe that it is likely that the school may have
to open with mobile units. We believe that our families would prefer to be located within a
building and not in trailers, especially in a new school.
We feel the decision to propose a 900 -student elementary school in the Midlothian area is a
prudent fiscal decision and forward -thinking planning decision that will have positive academic
and community outcomes as well.
14 17PDO105-2016OCT26-BOS-RPT
10/26/2016
Community Update and Budget Outlook
Legislative Dinner
$3,000
$2,500
$2,000
$1,500
$1,000
$500
October 2016
Local Economic Backdrop
Building Chesterfield's Blueprint
Real, per Capita General Fund Revenues • Early indicators suggest
Ol Ol Oi Ol Ot O� 0 0 0 0 0 0 0 0 0 0 0 0 N
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N N N N N N N N N N N
County's FY2017
forecast is solid
• Though, near and long -
run forecasts employ
very cautious paths
• Nominal, discretionary
growth of around 2.0%
• Real growth expected to
remain flat
bluelDrint
1
Regional Economy Remains Strong
Building Chesterfield's Blueprint
Percent Change in Real GDP by Metropolitan Area in the
Southeast Region, 2015 • Richmond MSA led the state in
overall growth in 2015 (left); three
times the growth experienced in
northern Virginia
• Chesterfield has been a large
contributor to that success
Southeast• 2.2 percent
U.S. metropolitan areas = 2.5 percent
■ 3.3 to 9.4
■ 2.0 to 3.3
■ 1.1 to 2.0
-0.3 to 1.1
_❑ -8.0 to -0.3
Nonmempolitan areas
States outside region
10/26/2016
• Chesterfield posted the fourth
largest employment gain among
ALL large counties in the U.S.
during the 3,d and 4th quarter of
2015 bluemint
Blueprint Chesterfield
Building Chesterfield's Blueprint
• Extensive effort to align resources with
community priorities
• Engagement Campaign
• 5 question, online survey
• 6,200 survey responses
•
17 public events + presented to companion
boards and advisory groups + emails,
newsletters, social media, print and
television media coverage
bluePr
int .ChVSI9 h9jd'9OV
1Z
2
Core Services Remain Top Priority
Building Chesterfield's Blueprint
10/26/2016
• Top 3 community priorities identified:
• Education
• Infrastructure/Roads
• Public Safety
• Same top three emerged throughout survey
regardless of question
• A validation of recent financial plans...
• 85% of general fund budget growth since
FY13 has occurred in those three areas
blueDrint
Key Takeaways
Building Chesterfield's Blueprint
• Local resource forecast looks for
positive, but modest growth
• Efforts to ensure resources invested in
line with community priorities
• Feedback focused on maintaining strong
core services — areas where the state is
a valuable funding partner
• Core services also important to
sustaining economic development
successes
• Crucial for state support to continue
blueprint
3
10/26/2016
Community Update and Budget Outlook
Legislative Dinner
October 2016
Page 1 of 2
Meeting Date: October 26, 2016 Item Number: 17.A.
Subiect:
Public Hearing to Consider Amending Section 9-14 of the County Code Relating
to Procedures for Appealing Real Estate Assessments
County Administrator's Comments:
County Administrator:
Board Action Requested:
The Board is requested to hold a public hearing to consider amending § 9-14
of the County Code relating to procedures for appealing real estate
assessments.
Summary of Information:
Section 9-14(b) of the County Code currently requires property owners who
wish to appeal their annual real estate assessment to file an appeal and
appear in-person before the real estate assessor to present objections to the
assessment. The proposed amendment would eliminate the mandate that property
owners must appear in-person and would allow them to present their objections
by filing the appeal forms provided by the office of real estate assessments.
For consistency with the assessor's procedures for formal appeals to the
Board of Equalization, the proposed amendment also clarifies that the
postmark date on the appeal forms will be considered the date of receipt of
the appeal by the assessor's office.
In order to simplify the appeal process, the Department of Real Estate
Assessments is requesting the amendment to the ordinance to eliminate the
requirement for anyone appealing their assessment to appear in-person before
the assessor. The department feels that requiring everyone to appear before
the assessor may be a deterrent for them to file an appeal.
Preparer: Jonathan Davis Title: Real Estate Assessor
31:97151.1
Attachments: 0 Yes � No #
09' 00-.'.0'
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 2
AGENDA
The attached ordinance reflects the amendment to County Code § 9-14 that is
requested by the real estate assessor.
Staff recommends adoption of the proposed amendments after holding a public
hearing.
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997,
AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-14 OF THE REAL
ESTATE TAX ORDINANCE RELATING TO ASSESSMENTS AND REASSESSMENTS
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 9-14 of the Code of the Counb�of Chester geld, 1997, as amended, is
amended and re-enacted to read as follows:
REAL ESTATE ASSESSMENTS
000
Sec. 9-14. - Real estate assessments and reassessments—Procedures.
The assessor and the board of equalization shall follow the following procedures in the
assessment of real estate in the county:
(a) The real estate assessment office shall notify each affected taxpayer in writing on or
before February 1 of any year in which the assessor makes a new or changed
assessment. The notice shall be mailed to the last known address shown on the county
land books.
(b) Any affected taxpayer, or person with a substantial legal or equitable interest in the
property involved, or any duly appointed representative of such persons, or any
authorized representative of the county board of supervisors may file gppear before the
assessor to present objections to the assessment by a written protest on forms
provided by the assessor. a wr-iRen protest .,,.,a appear- before the assessor and p o„+
objeetions to the assessme The objections shall be filed with the office of real estate
assessments by March 15 of the year in which the assessor makes a new or changed
assessment. The postmark date shall be considered the date of receipt of the objections.
An executed and properly notarized letter from the property owner designating an
appointed representative for the taxpayer shall be presumed to be a valid designation
from the taxpayer, and the person whose signature is notarized shall be presumed to
have the authority to designate such representative on behalf of the taxpayer.
(c) Such person may also, after filing a written protest with and appearing before the
assessor as provided in subsection (b), file a request for relief of the assessment with the
board of equalization no later than April 15 of the year in which the assessor makes a
new or changed assessment. The request shall be made on forms prescribed by the
board of equalization and made available through the office of real estate assessments.
The postmark date shall be considered the date of receipt of the request. The board of
equalization of real estate assessments shall provide all those requesting relief an
opportunity to be heard in person, with witnesses, and by counsel, but may also allow
submissions of memoranda verified under oath.
000
31:97154.1
11100'.°.
(2) That this ordinance shall become effective immediately upon adoption.
31:97154.1 2r .
onto b Ftxmes-Dispatch
Advertising Affidavit
COUNTY OF CHESTERFIELD
BOARD OF SUPERVISORS
P.O. BOX 40
9901 LORI RD.
CHESTERFIELD, VA 23832
Date Category Description
10/19/2016 Meetings and Events
TAKE NOTICE
Take notice that the Board of Supervisors of Chesterfield County, Vis•
ghk at an adjourned meeting ion Wednesday, October 26, 2016 at 62
pm. in the County Public Meeting Room at the Chesterfield Administra•
tion Building, Route to and Lori Road, Chesterfeld, Virgllia, will hold a
pubic hearing to consider
An ordinance to amend the Code of the County of Chesterfield, 1991, as
amended, by amending and re-enacting Sec. 9.14 of the real estate tax
ordinance relal to procedures for appealing real estate assesssments.
A copy, of the full text of the ordinance, including the proposed amund;
mend, Is on file m the County Administrator's office, Room 59,01 Lori
Road, Chesterfield County, Yugllia and may be examined by all inter•
ested ersons between the Ions of Vo a.m. and 500 pan, Monday
throe IFriday.
The heari�rg is held at a pubic facility designed to be accessible to per•
son with disabilities, Any persons with questions on the accessibility
of the facility or the need for reasonable accommodations should con•
tact lance Blndey, CIA to the Board, at 1612K Persons needing irr
terpreter services forthe deaf mat notity the Clerk to the Board no lat-
er than Friday, October 21,916,
300 E. Franklin Street
Richmond, Virginia 23219
(804) 649-6208
Ad Size
TAKE NOTICE Take notice that the Board of Supervisors of Ch 2 x 20 L
Publisher of the
Richmond Times -Dispatch
Account Number
3005440
Date
October 19, 2016
This is to certify that the attached TAKE NOTICE Take notice t was
published by the Richmond Times -Dispatch, Inc. in the City of
Richmond, State of Virginia, on the following dates:
10/12,10/19/2016
The First insertion being given... 10/12/2016
Newspaper reference: 0000404023
Sworn to and subscribed before me this
Public
State of Virginia
City of Richmond
My Commission expires
2
Total Cost
200.00
Janet .Johnson wiliams
NOTARY PUBLIC
Commonwealth of Virginia
7566416
My Commission Expires June 30, 2017
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
o� CHESTERFIELD COUNTY
¢a"yBOARD OF SUPERVISORS Page 1 of 2
las AGENDA
RC`It714'
Meeting Date: October 26, 2016 Item Number: 17.8.
Subiect:
Public Hearing to Consider an Ordinance Providing for Approval for Serving
Alcoholic Beverages for After -Hours Events at County Libraries by the
County Administrator or His Designee Instead of the Board of Supervisors
County Administrator's Comments:
County Administrator:
Board Action Requested:
The Board is requested to consider the attached ordinance which provides
for approval for serving alcoholic beverages for after-hours events at
county libraries by the County Administrator or his designee instead of the
Board of Supervisors.
Summary of Information:
The County Code prohibits the serving or consumption of alcoholic beverages
on County property, except at certain locations, such as Henricus,
Eppington, Magnolia Grange, and Castlewood where wedding receptions and
similar events are held. In 2014, at the request of the Friends of the
Library, the Board amended the Code to permit alcoholic beverages to be
served at county libraries with approval of the Board. Since that time, the
Board has approved four such events. These events have been held at times
when the libraries are closed to the public and are typically fund-raising
events or recognition ceremonies for major donors.
Preparer: Jeffrey L. Mincks
Attachments: 0 Yes
FINo
Title: County Attorney
0505:97256.2(97103.1)
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 2
AGENDA
The events that have been conducted at the libraries have all been
successful. They have assisted the libraries with their fund raising
activities and with increasing the membership and improving the
effectiveness of the Friends of the Library. Accordingly, staff believes
that it is appropriate to change the county's ordinance to authorize the
County Administrator or his designee to approve events at libraries where
alcoholic beverages are served, rather than the Board. This will permit a
more streamlined approval process and remove unnecessary items from the
Board's meeting agendas.
The attached ordinance authorizes the County Administrator or his designee
to approve such events so long as they occur during hours when libraries
are closed to the public. It also requires approval to be requested at
least 30 days before the event, although the County Administrator can waive
the 30 -day requirement for good cause and if he determines that there is
sufficient time for staff to review the request. The ordinance also
permits the County Administrator or his designee to impose conditions upon
approval of the event when necessary to ensure the health, safety, and
welfare of the public and attendees of any such event.
0505:97256.2(97103.1)
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 14-23 RELATING TO CONSUMING OR SERVING
ALCOHOLIC BEVERAGES IN COUNTY PARKS, COUNTY LIBRARIES, AND OTHER
COUNTY PROPERTY
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 14-23 of the Code of the County of Chesterfield, 1997, as amended,
is amended and re-enacted to read as follows:
Sec. 14-23. Drinking alcoholic beverages, or tendering same to another, in a county park
or at other county facilities.
(a) No person shall possess opened alcoholic beverage containers or drink an
alcoholic beverage or tender a drink of an alcoholic beverage to another in a
county park or on county property provided, however, that alcoholic beverages
may be served and consumed at an event held at the following locations: Mid -
Lothian Mines, Henricus, Eppington, Castlewood, Magnolia Grange, and at the
0505:97103.1
senior center at Huguenot Park, and at the county government complex at
specific locations approved and as conditioned by the board of supervisors and
after obtaining a valid banquet license issued by the state department of alcohol
beverage control and agreeing to comply with the terms of a special permit
issued by the county administrator. The county department of parks and
recreation shall promulgate regulations for the issuance of permits authorized by
this section.
If approved by the County Administrator or his designee, alcoholic beverages
may be served and consumed at County libraries for events conducted by or in
conjunction with the Friends of the Library provided that no such event shall be
approved unless it is to be conducted during hours when the library is closed to
the public. In no case shall such an event take place unless a request for
approval is made to the County Administrator at least thirty (30) days prior to the
date for the proposed fund raising event. The County Administrator may waive
the 30 -dam requirement upon a showing of good cause and if he determines that
there is sufficient time for staff to review the request and recommend appropriate
action. The County Administrator or his designee may impose conditions on the
granting of such approval in order to ensure the health, safety, and welfare of the
public and the attendees of any such event. Any such approval by the County
Administrator shall be automatically revoked if any condition so imposed is not
met.
(hc) No person shall possess opened alcoholic beverage containers on any county
property used for a school or on any street, road, or highway located in the
county.
(Ed) Violation of this section shall constitute a class 4 misdemeanor.
(2) That this ordinance shall become effective immediately upon adoption.
0505:97103.1 2
alch oub gimes-aspatirb
Advertising Affidavit
300 E. Franklin Street
Richmond, Virginia 23219
(804)649-6208
COUNTY OF CHESTERFIELD
BOARD OF SUPERVISORS
P.O. BOX 40
9901 LORI RD.
CHESTERFIELD, VA 23832
Account Number
3005440
Date
October 19, 2016
Date Category Description Ad Size Total Cost
10/19/2016 Meetings and Events
TAKE NOTICE
Take notice that the Board of Supervisors of Chesterfield County, Vir•
gnia, 9 an atumed meeting on Wednesday, October 26, 2016 at 620
pm, m the Comty "'lic Klee" Room at the Chesterfield Administra•
tion Building, Route 10 and 'o'
Road, Chesferfwld,'firgnia will hold a
public hearing to consider
An ordinance to amend the Code of the Cou�y of Chesterfield,199i,
as amended, li amending and reenacting Sec 1423 relating to
caalnnng alcof tlolc beverages in candy parlrs carnty libraries,
and oftr coeniy property.
A copy of tf� fug text of the ordinance, including the proposed amend.
went, Is on file In the Courtly Administrators office, Room 504, 9901 Lori
Road, Chesterfen County, Virginia and may be examined by all inter•
ested ersom between the hours of X30 am and 5:00 pm„ Monday
through friday.
The heari j is held ata public facility designed to be accessible to per.
sols wb isabilities. Any persons with questions on the accessibility
of the facil'dy a the need for reasonable accommodations strodd coo -
tact lannice B alley, Cid to the Board, 9 74&1200. persons needing io-
terpreter services for the deaf must notity the Ckrk to the Board no lot•
er than Friday, October 21,316.
TAKE NOTICE Take notice that the Board of Supervisors of Ch 2 x 21 L 216.20
Publisher of the
Richmond Times -Dispatch
This is to certify that the attached TAKE NOTICE Take notice t was
published by the Richmond Times -Dispatch, Inc. in the City of
Richmond, State of Virginia, on the following dates:
10/12,10/19/2016
The First insertion being given ... 10/12/2016
Newspaper reference: 0000405576
Sworn to and subscribed before me this
ry Public
State of Virginia
City of Richmond
My Commission expires
Janet Johnson Williams
NOTARY PUBLIC
Commonwealth of Virginia
7566416
My Commission Expires .tune 30, 2017
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
1749
GOA
COUNTYCHESTERFIELD
BOARD •F SUPERVISORS
AGENDA
• -
D.
Page 1 of 2
Meeting Date: October 26, 2016 Item Number: 17.C.
Subject:
Public Hearing to Consider Proposed Code Amendments Relative to Bicycle
Facilities (Bicycle, Pedestrian and Shared Use Paths), Buffers in Common
Areas and Corner Side Yard Setbacks and Proposed Eminent Domain Policy
(15PJ0115)
County Administrator's Comments:
County Administrator;
Board Action Request
Following public hearing, adopt the attached code amendments and policy
(15PJ0115).
Summary of Information:
On August 16, 2016, the Planning Commission recommended approval as follows:
• Proposed Code Amendments Relating to Bicycle Facilities, Buffers in
Common Areas and Corner Side Yard Setbacks
Ayes: Sloan, Freye and Jones
Nays: Wallin and Jackson
• Proposed Eminent Domain Policy
Ayes: Sloan, Freye, Jackson and Jones
Nays: Wallin
Preparer: Kirkland A. Turner Title: Director of Planninq
Attachments: 0 Yes F-1No # '' T
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Summary of Information Continued
Page 2 of 2
Details are provided in the attached:
• Background Paper -Bikeways and Trails, Buffers in Common Areas and Corner
Side Yard Setbacks
• Background Paper -Proposed Eminent Domain Policy
• Attachment A -Clean Proposed Ordinance
• Attachment B-Blackline Proposed Ordinance
• Attachment C -Public Comments And Staff Responses
Policy
on Amendments and
00G,I
Rur I 10'
(Bicycle, Pedestrian and Shared Use Paths),
BUFFERS IN COMMON AREAS
and
10/12/2016
CORNER
.• ! YARD SETBACKS
The zoning ordinance is one of many tools used to implement the comprehensive plan. The Bikeways and Trails
Chapter, an amendment to Moving Forward... The Comprehensive Plan for Chesterfield County, was recently
adopted by the Board of Supervisors. The chapter recommends several implementation steps, one of which is to
require bikeways shown on the Bikeways and Trails Plan to be constructed in conjunction with new
development. In addition, the plan suggests that incentives be offered such as buffer and setback relief in
return for provision of bikeways. The term "bikeway" refers to improvements specifically designed and
designated to accommodate bicycle travel whether within a road, shared use path, trail, or other approved
facility. A bikeway may also include, or be a part of, facilities which serve pedestrians or other modes of non -
motorized transportation.
During review of the possible amendments related to bikeways, staff identified an opportunity to incorporate an
additional amendment not directly related to bikeways to encourage required buffers along roads within lot
subdivisions to be located within common areas versus individual lots. In addition, unrelated to bikeways, the
amendments provide a clarification for setbacks for corner side yard within Residential and Agricultural districts.
On August 16, 2016, the Planning Commission held a public hearing on the proposed amendments. On a vote of
3-2, the Commission recommended approval of the proposals subject to limiting those persons who may
request a transfer of a plan review to the Planning Commission. On September 28, 2016, the Board of
Supervisors set a public hearing for October 26, 2016. The Board of Supervisors, following a public hearing, will
make the final decision. Those interested in this project are invited to attend public hearings and continue to
monitor the website for important updates.
Prior to formal public meetings and hearings, the proposed amendments were posted to the web for public
comment. Based upon the comments received from the web posting, the proposed ordinance was amended to
address how someone who is aggrieved by the planning department's decision relative to bikeways would be
able to have their concerns addressed in a public forum. Comments received and staff's responses are provided
in Attachment C.
The amendments as recommended by the Planning Commission are attached. Attachment A is a clean version.
Attachment B is a blackline version showing the necessary changes to the current ordinance.
gym,
CORNER SIDE YARD SETBACKS
The ordinance would require that bikeways shown on the Bikeways and Trails Plan of the Bikeways and Trails
Chapter be provided in conjunction with new development requiring site plan or lot subdivision plat approval,
unless the director of planning determines the provision of such facilities are not feasible based upon criteria
outlined in the ordinance. A bikeway accommodates bicycle travel, whether within a road, shared use path, trail,
or other approved facility. If the bikeway facility does not accommodate pedestrians, an additional facility for
pedestrians should be considered. As outlined in the ordinance, the provision of a bikeway is one of the matters
for which an aggrieved person may request Planning Commission consideration of a subdivision or site plan.
Legend
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• ! r ! ` �. • : ! •lliiil Fill` ` ! •
FOR PROVISION OF BICYCLE FACILITIES., BUFFERS IN COMMON AREAS ANI.
r,ORNER SIDE R! SETBACKS
For new developments, incentives would be offered in return for provision of such bikeways. The proposed
ordinance suggests the following:
➢ Non-residential Development.
• Required setbacks would be reduced by allowing the additional right-of-way dedicated to
accommodate a required bikeway to be included when calculating the required setback, provided
that at least 1 foot of setback is provided from the additional right-of-way dedicated to
accommodate the bikeway;
• Required bikeways would be allowed to encroach into buffers provided measures are taken to
accomplish the purpose and intent of the buffer requirements; and
• Required numbers of parking spaces for developments adjacent to a required bikeway may be
reduced by 1 for each 6 bicycle storage spaces provided, with a maximum reduction of 3 parking
spaces.
➢ Suns. Allow business signs to be located within additional right-of-way dedicated to accommodate a
bikeway.
➢ Lot Subdivisions.
• Allow the width of required road buffers to be reduced by the amount of additional right-of-way
or easement provided to accommodate the bikeway; and
• Allow a 20 percent reduction in required lot area, as shown on the following sketch, where the lot
shares a common boundary with additional right-of-way or land dedicated to accommodate a
bikeway. For example, in an R-12 District, the required lot area would be reduced from 12,000 to
9,600 square feet for lots adjacent
-^i 2 Lot
Comparison of Lot Area
with
M leeway
in
Right -of -Way or Land Dedicated
Lot du
Rvnr¢.SP. i
O "I'll, r L ar�rd Farr 13itl,mwday
R' L.t SI -5,00
171-71.7-7-17.1
81k.—y
O
Original
� Property Line
View IarroperRy
Line
3
CORNER A'D SETBACKS
As noted previously, along with the proposed amendments regarding bikeways, an opportunity exists to address
a somewhat related concern relative to required buffers along roads. In lot subdivisions, the current ordinance
allows required buffers along roads to be on individual lots, holding individual homeowners responsible for
maintenance, upkeep and replacement of dead vegetation. Because the buffers are owned by individuals rather
than a common entity, the long term impact often results in visual inconsistency and zoning violations. To avoid
these problems, the preference has always been for such buffers to be located in common open space.
However, since the overall lot yield may be reduced or the development may be of insufficient size to support a
homeowners' association, the development community has been reluctant to place such buffers in open space.
Given the proposed reduction in lot size related to the provision of required bikeways, an opportunity for a
similar reduction related to the provision of road buffers in common area exists. This incentive will encourage
buffers to be located within common area thereby addressing the issues related to buffers on individual lots.
Within lot subdivisions, the proposed amendment would allow a 20 percent reduction in required lot area if the
lot shares a boundary common area containing a required road buffer. An example of this allowance is shown in
the following sketch.
Lot1_R-12
________Com_pa_rison__o_f Lot Area,
with
uffep on Lot v in ora mon Area1.1.1111
eawffp.�w
Property Line
Lot IB vwrth
e'.'auffw iri 61x9„aacent
Common A, r^ �„��.
et SiZe._aa,600 w rct �ttnaa°u ut ova
r,
Property Line
Lot 4l
with
4
43i ffP on Fl JpeIrty �p
„tt %?vIze `ids' 000
w mlu�um Part oF Lot
O
I
/
Property Line
Lot IB vwrth
e'.'auffw iri 61x9„aacent
Common A, r^ �„��.
et SiZe._aa,600 w rct �ttnaa°u ut ova
CORNER SIDE YARD SETBACKS
Unrelated to bikeways, the amendments correct an omission made during the last recodhlcabon of the zoning
ordinance by listing all types of corner side yards and their associated setback requirements.
r` ~
(BICYCLE FACILITIES -Bicycle, Pedestrian and Shared Use Paths)
10/12/16
EMINENT DOMAIN POLICY
The zoning ordinance is one of many tools used to implement the comprehensive plan. The Bikeways and Trails
Chapter, an amendment to Moving Forward... The Comprehensive Plan for Chesterfield County, was recently
adopted by the Board of Supervisors. The chapter recommends several implementation steps, one of which is to
adopt an ordinance to require bikeways shown on the Bikeways and Trails Plan to be constructed in conjunction
with new development.
During consideration of the Bikeways and Trails Chapter, concerns were expressed that the county would use
eminent domain to acquire land to accommodate the recommended bikeways. In response to this concern,
staff was requested to draft a policy that clearly indicates that the county will not exercise eminent domain for
any such facilities located outside of Virginia Department of Transportation (VDOT) right-of-way. The proposed
policy is attached.
PROJECT PROCESS
The proposed policy must be considered and approved by the Board of Supervisors. Because the policy relates
to the pending bikeways ordinance, the Board requested the Commission take public input during their
consideration of the proposed bikeways ordinance.
On August 16, 2016, the Commission, following public input, recommended approval of the policy on a vote of 4
to 1 subject to eliminating the section which stated: "The Board of Supervisors may waive or revoke this policy
by majority vote." On September 28, 2016, the Board of Supervisors set October 26, 2016 for public hearing to
consider this policy.
Prior to formal public meetings, the proposed policy was posted to the web for public comment. Comments
received can be found in Attachment C. Those interested in this project are invited to attend public meetings
and continue to monitor the website for important updates.
CHESTERFIELD COUNTY EMINENT DOMAIN POLICY
(Bikeways & Trails Chapter of the Comprehensive Plan)
1. Under applicable law, Chesterfield County is permitted to use the power of
eminent domain to acquire private property for public use subject to the requirement to pay just
compensation for the property acquired. The County's use of eminent domain must comply with
the United States Constitution and the Virginia Constitution. Eminent domain may be used to
acquire property for public purposes such as, but not limited to: (i) public roads and rights of
way, (ii) public facilities such as fire stations, schools and parks, and (iii) public wastewater and
water systems. Under Virginia law, each exercise of eminent domain by the County must be
authorized by a vote of the Board of Supervisors after conducting a public hearing.
2. On November 18, 2015, the Board of Supervisors amended the Comprehensive
Plan for the County by adding a new Chapter 14 titled Bikeways and Trails. This chapter
focuses on the development of bicycle, pedestrian and shared use pathway facilities throughout
the County.
3. It is the policy of the Board of Supervisors that the County will not use the power
of eminent domain to acquire property (including easements) for the development of bicycle,
pedestrian or shared use pathway facilities that will be located outside of right-of-way proposed
or intended to be maintained by the Virginia Department of Transportation.
4. Notwithstanding the above, this policy does not apply to the acquisition of
property for the development of bicycle, pedestrian or shared use pathway facilities: (i) that does
not involve the exercise of eminent domain including, without limitation, the purchase of
property or acquiring property through gift or dedication and/or (ii) where a person owning an
interest in such property is unknown or cannot be located.
(Adopted on _ 2016)
1928:95834.4
Attachment A -Clean
Proposed Ordinance
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS
19.1-27, 19.1-30, 19.1-53, 19.1-61, 19.1-66, 19.1-71, 19.1-76, 19.1-81, 19.1-86, 19.1-92,
19.1-97, 19.1-133, 19.1-208, 19.1-209, 19.1-210, 19.1-211, 19.1-212, 19.1-231, 19.1-236,
19.1-239, 19.1-262, 19.1-263, 19.1-264, 19-274, 19-304, 19-306, 19-369, 19-550,
and 19-570 OF THE ZONING ORDINANCE RELATING TO BIKEWAYS
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Sections 19.1-27, 9.1-30, 19.1-53, 19.1-61, 19.1-66, 19.1-71, 19.1-76, 19.1-81, 19.1-86,
19.1-92, 19.1-97, 19.1-133, 19.1-208, 19.1-209, 19.1-210, 19.1-211, 19.1-212, 19.1-231, 19.1-236,
19.1-239, 19.1-262, 19.1-263, 19.1-264, 19-274, 19-304, 19-306, 19-369, 19-550, and 19-570 of the
Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows:
F. Site Plan Required Information. Plans shall be prepared in one or more sheets if necessary to
facilitate review and approval. If prepared in more than one sheet, match lines shall clearly
indicate where sheets join and each sheet shall contain an overall sketch plan showing the
relationship of improvements on each sheet. Scale shall be 1 inch equals 100 feet or larger for all
plan sheets showing buildings or building lots, and at least 1 inch equals 600 feet for all other
plan sheets.
In addition to other information as may be required by this chapter for applications, a site plan
shall include the following information where applicable, and if applicable, existing and
proposed improvements or landscaping:
111
• Roads, parking, buildings,pedestrian access and bikeways:
o roads; entrances, exits, parking to include handicapped and loading spaces;
number of spaces; length and width of spaces; width of drives; and pavement
design detail;
o sidewalks;
o bikeways;
o buildings locations, including distances between buildings; and
1 -Clean
C,'E'e 4 C�
Attachment A -Clean
Proposed Ordinance
o building details including architectural elevations or renderings, number of
stories, gross square feet of each floor, number of dwelling units, number of
lodging rooms in hotel or motel, and height.
111
111
C. Appeals and Transfers.
1. Eligibility and Time Limits for Appeal of Decision or Transfer Request.
a. Applicant. If the planning department approves or disapproves the plan and the applicant
disagrees with the final decision, he may file a written appeal with the planning
commission within 15 days of the date of the decision.
b. Aggrieved Person. An aggrieved person may request in writing within 15 days of the date
of the decision that the application be decided by the planning commission instead of the
planning department. The transfer request shall explain how the development shown on
the plan will adversely affect the person and is limited to the following matters:
o land use transitions;
o buffers and screening;
o zoning approval conditions;
o architectural treatment;
o features affecting nearby residential areas;
o access and internal circulation;
o Chesapeake Bay Preservation area delineation;
o Improvement sketch processing;
o drainage;
o water and wastewater line location; or
o features affecting public safety.
In addition for the purposes of bikeways as provided in Section 19.1-208, transfer of review may be
requested in accordance with this section provided that the person shall not be aggrieved solely because
they would be reasonably calculated to use such bikeway.
111
2 -Clean
Attachment A -Clean
Proposed Ordinance
111
R'ecr,aaiialez' borood facali "p
. ,, y; raar% serviu; the sc�rroundng ;residential communitiy
R -C District:
a. Use is located within the conservation area required by Section 19.1-86.;
b. Maximum of 10 percent, but no less than 2 acres, of the designated conservation areas is
used for community buildings and active recreation facilities (tennis courts, swimming
pools, etc.) and accessory parking;
c. Facilities and related parking are located and designed to minimize impacts on rural
vistas, historic sites and natural resources;
d. With the exception of playground areas (i.e., areas accommodating swings, jungle gyms,
or similar such facilities), outdoor playfields, courts, swimming pools and similar active
recreational areas are set back 100 feet from single family residential lot lines and 50 feet
from roads except when the ultimate right-of-way has been expanded solely to
accommodate a bikeway required by Sec. 19.1-208, then the setbacks shall be measured
without including the expanded right-of-way. Indoor facilities or parking are permitted
within the 100 feet. Within the 100 foot setback, a 50 foot buffer, planted at a density of
2.5 times Perimeter Landscaping C, is provided along the perimeter of active recreational
facilities except where adjacent to a road;
e. Playground areas (i.e., areas accommodating swings, jungle gyms or similar such facilities)
are set back a minimum of 40 feet from property lines. A 40 foot buffer, planted with
Perimeter Landscaping C, is provided along the perimeter of the facilities except where
adjacent to roads;
f. Outside public address systems or speakers are not allowed; and
g. Trails are set back 25 feet from property adjacent to the subdivision or single family
residential lot line within the subdivision.
111
lean
Attachment A -Clean
Proposed Ordinance
In addition to the other requirements of this chapter, the conditions specified in this section shall be
met in an R-88 District.
A. Lot and Building Standards.
A. Lot Standards
1. Lot area and width F%,„1� 1���
a. Area (square feet) 88,000
b. Width (feet)�dpl` H ll�iie/' l ;9 J i,j
1) Frontingon major arterial 300
2) Frontingon other road 150
2. Lot coverage (maximum %) 20
B. Road Frontage for lots intended for dwelling purposes (feet)
1. Family subdivision lot 15
2. Other lots
a. Permanent cul-de-sac 30
b. Radius of a loop street 30
c. Other roads 141 50
C. Principal Building Setbacks (feet)"'
1. Front and
a. Non cul-de-sac
1011" .,�!�J'li, /'
75
b. Permanent cul-de-sac
25
2. Interior side yard
40
3. Comer side yard
a. Through lot, lot back to back with another corner lot, or lot
backingtoo ens ace or common area X71
40
b. Other lot
75
4. Rear yard
a. Non through lot
l'PWill(” G
50
b. Through lot
75
D. Principal Building Heights (maximum) 181
1. Midlothian Core and
Chester Corridor East Special Design Districts
Lesser of 2.5 stories or 30 feet
2. Other
Lesser of 3 stories or 40 feet
E. Accessory Building Reauirements
Subiect to Section 19.1-304
4 -Clean
Attachment A -Clean
Proposed Ordinance
Notes for Table 19.1-61.A.
[1] For lots not having direct access onto a major arterial road, lot area may be reduced to 65,340
square feet or 43,560 square feet with use of public water and wastewater. If lot area is reduced, the
maximum number of lots permitted shall be based upon the calculation as shown in Figure 19.1-
61.A.
[2] Subject to the provisions of Chapter 12 relative to use of private onsite water and wastewater
facilities, the area of a lot which shares a common boundary with a buffer or bikeway may be
reduced in accordance with Sec. 19.1-306.
[3] For flag lots, road frontage may be reduced to 30 feet.
[4] Frontage on the terminus of a stub street does not meet the requirements for road frontage unless
through the preliminary plat review process it is determined that extension of the stub street is not
needed to serve future development.
[5] Setbacks may be impacted by Buffer, Setbacks --Generally, Permitted Yard Encroachments for
Principal Buildings, Floodplain, Chesapeake Bay or Upper Swift Creek Watershed regulations.
[6] Minimum setbacks shall be increased where necessary to obtain the required lot width at the front
building line.
[7] Open space or common area shall be a minimum of 15 feet wide for the entire length of the rear
property line.
[8] Height limits are subject to Article IV, Division 2.
111'
5 -Clean
Attachment A -Clean
Proposed Ordinance
!//
/ / lkk
In addition to the other requirements of this chapter, the conditions specified in this section shall be
met in an 41
A. Lot and Building Standards.
f
otes for Table 19.1-66.A.
A. Lot Standards
[1] Lot area requirements may be
impacted by the availability of
public utilities. Refer to Chapter
12.
[2] The area of a lot which shares a
common boundary with a buffer or
bikeway may be reduced in
accordance with Sec. 19.1-306.
[3] For flag lots, road frontage may be
reduced to 30 feet.
[4] Frontage on the terminus of a stub
street does not meet the
requirements for road frontage
unless through the preliminary plat
review process it is determined
that extension of the stub street is
not needed to serve future
development.
[5] Setbacks may be impacted by
Buffer, Setbacks --Generally,
Permitted Yard Encroachments for
Principal Buildings, Floodplain,
Chesapeake Bay or Upper Swift
Creek Watershed regulations.
[6] Minimum setbacks shall be
increased where necessary to
obtain the required lot width at the
front building line.
[7] Open space or common area shall
be a minimum of 15 feet wide for
the entire length of the rear
property line.
1. Lot area and width (' if l"�;
. Area (square feet) 40,000
a '
b. Width (feet) 150
2. Lot coverage (maximum %) 20
B. Road Frontage for lots intended for dwelling purposes (feet) 131
1. Family subdivision lot 15
2. Other lots f",
a. Permanent cul-de-sac 30
b. Radius of a loop street 30
c. Other roads 141 50
C.Principal Buildin4 Setbacks (feet) 151
1. Front and ,� ,j�'�
a. Non cul-de-sac 60
b. Permanent cul-de-sac 25
2. Interior side and 20
3. Corner side yard �,
a. Lots recorded on, or after, 4/1/1974' ,����
1) Through lot, lot back to back with
another corner lot, or lot backing to 30
open sace or common area [71
2) Other lot 55
b. Lots recorded prior to 4/1/1974 30
4. Rear yard �, �llY� ��,i��y�l!
a. Non through lot 50
b. Through lot 60
D. Principal Building Heights (maximum) 18J
1. Midlothian Core and
Chester Corridor East Special Design
Districts
Lesser of 2.5
stories or 30 feet
2. Other
Lesser of 3 stories
or 40 feet
E. Accessory Building Requirements Subject to Section
19.1-304
000
[8] Height limits are subject to Article
IV, Division 2.
6 -Clean
Attachment A -Clean
Proposed Ordinance
In addition to the other requirements of this chapter, the conditions specified in this section shall be
met in an R-25 District.
A. Lot and Building Standards.
Notes for Table 19.1-71.A.
A. Lot Standards
[ 1 ] Lot area requirements may be
impacted by the availability of
public utilities. Refer to Chapter
12.
[2] The area of a lot which shares a
common boundary with a buffer or
bikeway may be reduced in
accordance with Sec. 19.1-306.
[3] For flag lots, road frontage may be
reduced to 30 feet.
[4] Frontage on the terminus of a stub
street does not meet the
requirements for road frontage
unless through the preliminary plat
review process it is determined that
extension of the stub street is not
needed to serve future development.
[5] Setbacks may be impacted by
Buffer, Setbacks --Generally,
Permitted Yard Encroachments for
Principal Buildings, Floodplain,
Chesapeake Bay or Upper Swift
Creek Watershed regulations.
[6] Minimum setbacks shall be
increased where necessary to obtain
the required lot width at the front
building line.
[7] Open space or common area shall
be a minimum of 15 feet wide for
the entire length of the rear property
line.
1. Lot area and width ���C �� °i°� ��
a. Area (square feet) 25,000
b. Width (feet) 120
2. Lot coverage (maximum %) 25
B. Road Frontage for lots intended for dwelling purposes (feet) f3l
1. Family subdivision lot 15
2. Other lots ����"��;fj� ,''
a. Permanent cul-de-sac 30
b. Radius of a loop street 30
c. Other roads 50
C. Principal Building Setbacks (feet)
1. Front and
a. Non cul-de-sac
50
b. Permanent cul-de-sac
25
2. Interior side yard
15
3. Coiner side yard
a. Through lot, lot back to back with another
coiner lot, or lot backing to open space or
common area 171
25
b. Other lot
45
4. Rear yard;�i�y
r,,?'
a. Non through lot
40
b. Through lot
50
D. Principal Building Heights (maximum)
1. Midlothian Core and
Chester Corridor East Special Design
Districts
Lesser of 2.5 stories
or 30 feet
2. Other
Lesser of 3 stories
or 40 feet
E. Accessory BuildingRequirements Subject to Section
q 19.1-304
000
[8] Height limits are subject to Article
IV, Division 2.
7 -Clean
Attachment A -Clean
Proposed Ordinance
In addition to the other requirements of this chapter, the conditions specified in this section shall be
met in an R-15 District.
A. Lot and Building Standards.
A. Lot Standards
1. Lot area and width
a. Area (square feet)
b. Width (feet)
2. Lot coverage (maximum %)
B. Road Frontage for lots intended for dwelling purposf
1. Family subdivision lot
2. Other lots
a. Permanent cul-de-sac
b. Radius of a loop street
c. Other roads [41
C.PrincioalBuilding Setbacks (feet) 151
1. Front yard `"'
a. Non cul-de-sac
b. Permanent cul-de-sac
2. Interior side yard
a. Lots recorded after '12/11/1945
b. Lots recorded on, or prior to, 12/11/1945
3. Corner side yard
a. Lots recorded on, or after, 4/1/1974
1) Through lot, lot back to back with another
corner lot, or lot backing to open space or
common area hl
2) Other lot
b. Lots recorded prior to 4/1/1974
4. Rear yard
a. Non through lot
b. Through lot
Notes for Table 19.1-76.A.
11
''t�' 1 future development.
20
35
20
25
40
1. Midlothian Core and
Chester Corridor East Special Lesser 2.5 stories
Design Districts or 30 feet
2. Other Lesser of 3 stories or
40 feet
E. Accessory Building Requirements Subject to Section
19.1-304
111
[5] Setbacks may be impacted by
Buffer, Setbacks --Generally,
Permitted Yard Encroachments
for Principal Buildings,
Floodplain, Chesapeake Bay or
Upper Swift Creek Watershed
regulations.
[6] Minimum setbacks shall be
increased where necessary to
obtain the required lot width at
the front building line.
[7] Open space or common area
shall be a minimum of 15 feet
wide for the entire length of the
rear property line.
[8] Height limits are subject to
Article IV, Division 2.
,8 -Clean.
[1] Lot area requirements may be
impacted by the availability of
public utilities. Refer to
Chapter 12.
[2] The area of a lot which shares a
common boundary with a buffer
or bikeway may be reduced in
accordance with Sec. 19.1-306.
[3] For flag lots, road frontage may
be reduced to 30 feet.
15,000
100
30
31
15
30
30
50
11
''t�' 1 future development.
20
35
20
25
40
1. Midlothian Core and
Chester Corridor East Special Lesser 2.5 stories
Design Districts or 30 feet
2. Other Lesser of 3 stories or
40 feet
E. Accessory Building Requirements Subject to Section
19.1-304
111
[5] Setbacks may be impacted by
Buffer, Setbacks --Generally,
Permitted Yard Encroachments
for Principal Buildings,
Floodplain, Chesapeake Bay or
Upper Swift Creek Watershed
regulations.
[6] Minimum setbacks shall be
increased where necessary to
obtain the required lot width at
the front building line.
[7] Open space or common area
shall be a minimum of 15 feet
wide for the entire length of the
rear property line.
[8] Height limits are subject to
Article IV, Division 2.
,8 -Clean.
[4] Frontage on the terminus of a
stub street does not meet the
requirements for road frontage
unless through the preliminary
plat review process it is
determined that extension of the
stub street is not needed to serve
40
25
rr
15
10
11
''t�' 1 future development.
20
35
20
25
40
1. Midlothian Core and
Chester Corridor East Special Lesser 2.5 stories
Design Districts or 30 feet
2. Other Lesser of 3 stories or
40 feet
E. Accessory Building Requirements Subject to Section
19.1-304
111
[5] Setbacks may be impacted by
Buffer, Setbacks --Generally,
Permitted Yard Encroachments
for Principal Buildings,
Floodplain, Chesapeake Bay or
Upper Swift Creek Watershed
regulations.
[6] Minimum setbacks shall be
increased where necessary to
obtain the required lot width at
the front building line.
[7] Open space or common area
shall be a minimum of 15 feet
wide for the entire length of the
rear property line.
[8] Height limits are subject to
Article IV, Division 2.
,8 -Clean.
Attachment A -Clean
Proposed Ordinance
In addition to the other requirements of this chapter, the conditions specified in this section shall be
met in an R-12 District.
A. Lot and Building Standards.
A. Lot Standards
1. Lot area and width
a. Area (square feet)
12,000
b. Width (feet)
90
2. Lot covera e maximum %
B. Road Frontage for lots intended for dwelling purposes
30
(feet
1. Family subdivision lot
15
2. Other lots
a. Permanent cul-de-sac
30
b. Radius of a loop street
30
c. Other roads [41
50
C. PrincinalBuildin,2 Setbacks (feet) 151
Q
1. Front yard "I
a. Non cul-de-sac
b. Permanent cul-de-sac
2. Interior side yard
3. Corner side yard
a. Through lot, lot back to back with another
corner lot, or lot backing to open space or
common area [71
b. Other lot
4. Rear yard
a. Non through lot
b. Through lot
1. Midlothian Core and
Chester Corridor East Special
Design Districts
2. Other
E. Accessory Building Requirements
111
35
25
10
20
Notes for Table 19.1-81.A.
[1] Lot area requirements maybe
impacted by the availability of
public utilities. Refer to Chapter
12.
[2] The area of a lot which shares a
common boundary with a buffer or
bikeway may be reduced in
accordance with Sec. 19.1-306.
[3] For flag lots, road frontage may be
reduced to 30 feet.
[4] Frontage on the terminus of a stub
street does not meet the
requirements for road frontage
unless through the preliminary plat
review process it is determined that
extension of the stub street is not
needed to serve future
development.
30 [5] Setbacks may be impacted by
p�� f Buffer, Setbacks --Generally,
25 Permitted Yard Encroachments for
30 Principal Buildings, Floodplain,
Chesapeake Bay or Upper Swift
Creek Watershed regulations.
Lesser of 2.5 stories
or 30 feet [6] Minimum setbacks shall be
Lesser of 3 stories or increased where necessary to
40 feet obtain the required lot width at the
Subject to Section front building line.
19.1-304 [7] Open space or common area shall
be a minimum of 15 feet wide for
the entire length of the rear
property line.
[8] Height limits are subject to Article
IV, Division 2.
9 -Clean
000
B. Lot and Building Standards.
Attachment A -Clean
Proposed Ordinance
for Table 19.1-86.B.
A. Lot Standards
[1] Lot area requirements maybe
impacted by the availability of
public utilities. Refer to Chapter
12.
[2] The area of a lot which shares a
common boundary with a buffer or
bikeway may be reduced in
accordance with Sec. 19.1-306.
[3] For flag lots, road frontage shall
be reduced to 30 feet.
[4] Frontage on the terminus of a
stub street does not meet the
requirements for road frontage
unless through the preliminary
plat review process it is
determined that extension of the
stub street is not needed to serve
future development.
[5] Setbacks may be impacted by
Buffer, Setbacks --Generally,
Permitted Yard Encroachments
for Principal Buildings,
Floodplain, Chesapeake Bay or
Upper Swift Creek Watershed
regulations.
[6] Minimum setbacks shall be
increased where necessary to
obtain the required lot width at
the front building line.
1. Lot area and width
a. Area (square feet) 12,000
b. Width (feet) 90
2. Lot coverage (maximum %) 30
B. Road Frontage for lots intended for dwelling purposes (feet) 131
1. Family Subdivision Lot 15
2. Other Lots
a. Permanent cul-de-sac 30
b. Radius of a loop street 30
c. Other roads 50
C. Principal Building Setbacks (feet) 15J
1. Front yard
a. Non cul-de-sac 35
b. Permanent cul-de-sac 25
2. Interior side yard 10
3. Coiner side yard
a. Through lot, lot back to back with another
corner lot, or lot backing to open space or
common area 177
20
b. Other lot
30
4. Rear yard
a. Non through lot
25
b. Through lot 161
35
D. Principal Building Height (maximum)
1. Midlothian Core and
Chester Corridor East Special
Design Districts
Lesser of 2.5 stories
or 30 feet
2. Other
Lesser of 3 stories or
40 feet
E. Accessory Building Requirements
Subject to Section
S ubjt t
000 [7] Open space or common area
shall be a minimum of 15 feet
wide for the entire length of the
rear property line.
[8] Height limits are subject to
Article IV, Division 2.
10 -Clean
In addition to the other requirements of this chapter, the
conditions specified in this section shall be met in an R-9
District.
A. Lot and Building Standards.
A. Lot Standards
1. Lot area and width
a. Area (square feet)
b. Width (feet)
2. Lot coverage (maximum %)
B. Road Frontage for lots intended for
1. Family subdivision lot
2. Other lots
a. Permanent cul-de-sac
b. Radius of a loop street
c. Other roads 141
C.Princinal Buildinp, Setbacks (feet) PI
1. Front yard "I
a. Non cul-de-sac
b. Permanent cul-de-sac
2. Interior side yard
3. Corner side yard
a. Through lot, lot back to back with another
corner lot, or lot backing to open space or
common area (7]
b. Other lot
4. Rear yard
a. Non through lot
b. ThrouR-h lot
9,000'
75
30
fete
15
30
30
50
M
30
25
7.5
M
15
25
i0 ,l,
25
30
1. Midlothian Core and
Chester Corridor East Special Lesser or 30 feet 2.5 stories
et
Desien. Districts
2. Other Lesser of 3 stories or
40 feet
E. Accessory Building Requirements Subject to Section
19.1-304
111
Attachment A -Clean
Proposed Ordinance
Notes for Table 19.1-92.A.
[ 1 ] Lot area requirements maybe
impacted by the availability of
public utilities. Refer to Chapter
12.
[2] The area of a lot which shares a
common boundary with a buffer or
bikeway may be reduced in
accordance with Sec. 191-306.
[3] For flag lots, road frontage may
be reduced to 30 feet.
[4] Frontage on the terminus of a stub
street does not meet the
requirements for road fi•ontage
unless through the preliminary
plat review process it is
determined that extension of the
stub street is not needed to serve
future development.
[5] Setbacks may be impacted by
Buffer, Setbacks --Generally,
Permitted Yard Encroachments
for Principal Buildings,
Floodplain, Chesapeake Bay or
Upper Swift Creek Watershed
regulations.
[6] Minimum setbacks shall be
increased where necessary to
obtain the required lot width at
the font building line.
[7] Open space or common area
shall be a minimum of 15 feet
wide for the entire length of the
rear property line.
[8] Height limits are subject to
Article IV, Division 2.
11 -Clean
Attachment A -Clean
Proposed Ordinance
In addition to the other requirements of this chapter, the conditions specified in this section shall be
met in an R-7 District.
A. Lot and Building Standards.
A. Lot Standards
1. Lot area and width for lots recorded prior to 1/1/1989 which received tentative plat approval prior to
11/13/1985 and such plat has been properly renewed.
a. Area (square feet)
7,000
b. Width (feet)
50
2. Lot area and width for lots where tentative approval is received on or after 11/13/1.985
a. Area (square feet)
9,000
b. Width (feet)
75
3. Lot coverage (maximum %)
30
131
B. Road Frontage for lots intended for dwelling purposes (feet)
1. Family subdivision lot
15
2. Other lots
a. Permanent cul-de-sac
30
b. Radius of a loop street
30
c. Other roads 141
50
C. Principal Building Setbacks (feet) 151
161171
1. Front yard except for Ettrick Special Design District
a. Non cul-de-sac
30
b. Permanent cul-de-sac
25
2. Interior side and'fl
�;�,f%�,,,
a. Lots recorded after 12/11/1945
7.5
b. Lots recorded on, or prior to, 12/11/1945
5
3. Coiner side and
1�j1 001 1J
a. Lots recorded on, or after, 4/1/1974
1) Through lot, lot back to back with another comer lot, or lot backing 15
too ens ace or common area 181
2) Other lot
25
b. Lots recorded prior to 4/1/1974
15
4. Rear yard
a. Non through lot
25
b. Through lot
30
D.Princi al Building Heights (maximum)
1. Midlothian Core and
Chester Corridor East Special Design Districts
Lesser of 2.5 stories or 30 feet
2. Other
Lesser of 3 stories or 40 feet
E. Accessory Building Requirements
Subject to Section 19.1-304
12 -Clean
Attachment A -Clean
Proposed Ordinance
Notes for Table 19.1-97.A.
[1] Lot area requirements may be impacted by the availability of public utilities. Refer to
Chapter 12.
[2] The area of a lot which shares a common boundary with a buffer or bikeway may be
reduced in accordance with Sec. 19.1-306.
[3] For flag lots, road frontage may be reduced to 30 feet.
[4] Frontage on the terminus of a stub street does not meet the requirements for road frontage
unless through the preliminary plat review process it is determined that extension of the
stub street is not needed to serve future development.
[5] Setbacks may be impacted by Buffer, Setbacks --Generally, Permitted Yard Encroachments
for Principal Buildings, Floodplain, Chesapeake Bay or Upper Swift Creek Watershed
regulations.
[6] For lots located in Ettrick Special Design District:
• Between contiguous developed lots, front yard setback may be reduced to the least front
yard setback of any principal building on any adjacent lot; or
• For other developed lots, front yard setback may be reduced to the front yard setback of
any principal building on the same side of the street and within 200 feet of the lot.
[7] Minimum setbacks shall be increased where necessary to obtain the required lot width at
the front building line.
[8] Open space or common area shall be a minimum of 15 feet wide for the entire length of
the rear property line.
[9] For lots located in Ettrick Special Design District:
• Between contiguous developed lots, through yard setback may be reduced to the least
through yard setback of any principal building on any adjacent lot; or
• For other developed lots, through yard setback may be reduced to the through yard
setback of any principal building on the same side of the street and within 200 feet of the
lot.
[10] Height limits are subject to Article IV, Division 2.
13 -Clean
Attachment A -Clean
Proposed Ordinance
111
In addition to the other requirements of this chapter, the conditions specified in this section shall be
met in an A District.
A. Lot and Structure Standards.
m . �1
A. Lot Standards
1. Excluding family subdivisions, lot area and width for dwelling purposes or manufactured home
a. Area (acres)
5
b. Width (feet) lig
150
2. Family subdivision lots, lot area and width for dwelling purposes or manufactured home
a. Area (acres) 1
b. Width (feet) 150
3. Lots other than for residential or manufactured home use, lot area and width
a. Area (acres) 1
b. Width (feet) 150
4. Lot coverage (maximum %) 20
B. Road Frontage for lots intended for dwelling purposes or manufactured home (feet)121
1. Family subdivision lots
15
2. Other lots
250
C. Principal Structure Setbacks for lots having road frontage (feet)[']
L Front yard
150 141
2. Interior side yard
40
3. Corner side yard
a. Through lot, lot back to back with another corner lot, or lot
backingtoo ens ace or common area 151
40
b. Other lot
75
4. Rear Yard
a. Non through lot 50
b. Through lot 150
D. Principal Structure Setbacks for which zoning approval has been granted to allow use for dwelling purposes or
a manufactured home without public road frontage (feet) 131
1. Front yard 40141
2. Interior side yard 15
3. Rear yard 25
E. Principal Structure Heights (maximum) 161
1. Structure Excluding Farm Structure
a. Midlothian Core and Chester Corridor East Special Design Lesser of 2.5 stories or 30 feet
Districts
b. Other Special Design Districts Lesser of 3 stories or 40 feet
c. Other Areas Lesser of 3 stories or 40 feet
2. Farm Structure
a. Midlothian Core and Chester Corridor East Special Design
Districts
Lesser of 2.5 stories or 30 feet
b. Other Special Design Districts excluding Ettrick
Lesser of 3 stories or 40 feet
c. Other Areas
50 feet
F. Accessory Structure Requirements
Subject to Section 19.1-304
14 -Clean
Attachment A -Clean
Proposed Ordinance
Notes for Table 19.133.A.1.
[1] The lot width shall be increased to the minimum required road frontage width for a depth necessary
to create a 5 acre lot or in an arrangement approved by the director of planning based upon
limitations imposed by the lot shape or environmental features.
[2] Frontage on the terminus of a stub street does not meet the requirements for road frontage unless a
determination is made that extension of the stub street is not needed to serve future development.
[3] Setbacks may be impacted by Floodplain, Chesapeake Bay or Upper Swift Creek Watershed
regulations.
[4] Minimum setbacks shall be increased where necessary to obtain the required width at the front
building line.
[5] Open space or common area shall be a minimum of 15 feet wide for the entire length of the rear
property line.
[6] Height limits are subject to Article IV, Division 2.
15 -Clean
x»,.. ��.. '�w�" ,.fie �..:✓ W�m®
Attachment A -Clean
Proposed Ordinance
16 -Clean
Ellm,
0
A.
Lot Standards
1. Lot area and width
a. Area (acres)
b. Width (feet)
150
2. Lot coverage (maximum %)
20
B.
Road Frontage for lots intended for dwelling purposes or manufactured home (feet)111
1. Family subdivision lots
15
2. Other lots
50
C.
Principal Structure Setbacks for lots having road frontage (feet) 121
1. Front yard
150 131 [41
2. Interior side yard
40
3. Comer side yard
a. Through lot, lot back to back with another comer lot, or lot
40
backing toopen space or common area 151
b. Other lot
75
4. Rear Yard
a. Non through lot
50
b. Through lot
150131
D.
Principal Structure Setbacks for which zoning approval has been granted to allow use for
dwelling purposes or a manufactured home without
public road fftrontage (feet) 121
1. Front yard
40 141
2. Interior side yard
15
3. Rear yard
25
E.
Principal Structure Heights (maximum) �61
1. Structure Excluding Farm Structure
a. Midlothian Core and Chester Corridor East
Lesser of 2.5 stories or 30 feet
Special Design Districts
b. Other Special Design Districts
Lesser of 3 stories or 40 feet
C. Other Areas
Lesser of 3 stories or 40 feet
2. Farm Structure
a. Midlothian Core and Chester Corridor East
Lesser of 2.5 stories or 30 feet
Special Design Districts
b. Other Special Design Districts excluding
Lesser of 3 stories or 40 feet
Ettrick
C. Other Areas
50 feet
F. Accessory Structure Requirements
Subject to Section 19.1-304
16 -Clean
Attachment A -Clean
Proposed Ordinance
Notes for Table 19.133.A.2.
[1] Frontage on the terminus of a stub street does not meet the requirements for road frontage unless a
determination is made that extension of the stub street is not needed to serve future development.
[2] Setbacks may be impacted by Floodplain, Chesapeake Bay or Upper Swift Creek Watershed
regulations.
[3] For a lot created prior to 6/23/1993 which has a principal building constructed prior to 6/23/1993
with a setback less than 150 feet, the building may be expanded, if the addition is set back at least
the same distance as the existing building, but not less than 40 feet.
[4] Minimum setbacks shall be increased, where necessary, to obtain the required width at the front
building line.
[5] Open space or common area shall be a minimum of 15 feet wide for the entire length of the rear
property line.
[6] Height limits are subject to Article IV, Division 2.
17 -Clean
Attachment A -Clean
Proposed Ordinance
A. Lot Standards
7
1. Lot area and width
a. Area (square feet)
15,0001'1
b. Width (feet)
100
2. Lot coverage (maximum %)
30
B.
Road Frontage for lots intended for dwelling purposes or manufactured home (feet)
1. Family subdivision lots
15
2. Other lots
50
C.
Principal Structure Setbacks for lots having road fi•ontage (feet)
1. Front yard
100 [5]16)
2. Interior side yard
a. Lot recorded on, or after, 12/11/1945
15
b. Lot recorded prior to 12/11/1945
10
3. Corner side yard
a. Lot recorded on or after 4/1/1974 that is a Through lot,
lot back to back with another corner lot, or lot backing
too ens ace or common area 171
20
b. Lot recorded on or after 4/1/1974, other lot
35
c. Lot recorded prior to 4/1/1974
20
4. Rear Yard
a. Non through lot
25
b. Through lot
100151
D.
Principal Structure Setbacks for which zoning approval has been granted to allow use for dwelling
purposes or a manufactured home without public road frontage (feet)141
1. Front yard
40161
2. Interior side yard
15
3. Rear yard
25
E.
Principal Structure Heights (maximum) 181
1. Structure Excluding Fann Structure
a. Midlothian Core and Chester- Corridor East
Special Design Districts
Lesser of 2.5 stories or 30 feet
b. Other Special Design Districts
Lesser of 3 stories or 40 feet
c. Other Areas
Lesser of 3 stories or 40 feet
2. Farm Structure
a. Midlothian Core and Chester Corridor East
Special Design Districts
Lesser of 2.5 stories or 30 feet
b. Other Special Design Districts excluding
Ettrick
Lesser of 3 stories or 40 feet
c. Other Areas
50 feet
F.
Accessory Structure Requirements
Subject to Section 19.1-304
18-Clean
m
Attachment A -Clean
Proposed Ordinance
Notes for Table 19.133.A.3.
[ 1 ] Lot area requirements may be impacted by the availability of public utilities. Refer to Chapter 12.
[2] Frontage on the terminus of a stub street does not meet the requirements for road frontage unless a
determination is made that extension of the stub street is not needed to serve future development.
[3] Lots recorded without road frontage prior to 4/28/1976 are not subject to road frontage
requirements. Such lots may be used for dwelling purposes or manufactured home purposes with
zoning approval.
[4] Setbacks may be impacted by Floodplain, Chesapeake Bay or Upper Swift Creek Watershed
regulations.
[5] For a lot created prior to 5/26/1988 which has a principal building constructed prior to 5/26/1988
with a setback less than 100 feet, the building may be expanded, if the addition is set back at
least the same distance as the existing building, but not less than 40 feet.
[6] Minimum setbacks shall be increased where necessary to obtain the required width at the front
building line.
[7] Open space or common area shall be a minimum of 15 feet wide for the entire length of the rear
property line.
[8] Height limits are subject to Article IV, Division 2.
ME
19 -Clean
011,:(}.
Attachment A -Clean
Proposed Ordinance
For a development that requires site plan or lot subdivision plat approval, bikeways shall be
provided in accordance with the Bikeways and Trails Plan of the comprehensive plan and
constructed generally as outlined in the Bikeways and Trails Plan Facility Guidance Section of
the Bikeways and Trails Chapter of the comprehensive pian unless the director of planning
determines that construction of the facility is not feasible due to:
• topography;
• environmental constraints;
• alternative locations or designs accomplish intent of the comprehensive plan; or
• adverse impact on subject, or adjacent, development.
The exact facility type, width, design and location shall be reviewed and approved by the
planning department at the time of plan review. Bikeways shall either be located in right-of-way,
on county -owned property or within a county easement. Unless otherwise approved by the
transportation department, right-of-way to accommodate bikeways shall be exclusive of the
right-of-way required by Sec. 19.1-209.13. If within a county easement on R, R-TH or MH -2
property, such easement shall be located in common area, unless otherwise approved by the
planning department. Prior to the recordation of any subdivision lot which abuts a right-of-way,
easement, buffer or common area in which a bikeway is to be located, such bikeway shall be
substantially completed, as determined by the planning department.
111
B. Measurement from Roads. Except as provided in 2. below, setbacks from roads shall be
measured from the ultimate right-of-way unless the existing right-of-way is wider. The ultimate
right-of-way shall be the greater of that shown on the thoroughfare plan of the comprehensive
plan, set of construction pians approved by the director of transportation or as may be determined
by the director of transportation. Unless otherwise determined by the director of transportation, it
shall be assumed that the road will be widened equally on both sides of the established centerline
to the full designated right-of-way width.
In R -MF, MH -1, MH -3, O, C and I Districts, and on property occupied by non-residential uses
in any district, when the ultimate right-of-way is expanded solely to accommodate a bikeway
required by Sec. 19.1-208., setbacks shall be measured without including the expanded right-of-
way, except that the setback shall not be less than 1 foot from the expanded right-of-way.
Landscaping or other design measures shall be provided to accomplish the intent of the required
setback landscaping of the design district.
111
20 -Clean
Attachment A -Clean
Proposed Ordinance
F. Lot Subdivision Principal Building Setbacks from Buffers and Bikeways. Principal building
setbacks from a buffer required by Sec. 19.1-263.13. which encroaches into or abuts a lot shall be
the lesser of the required yard setback or 25 feet. On a lot adjacent to property occupied by a
bikeway required by Sec. 19.1-208, a principal building shall be set back the lesser of the
required yard setback or 25 feet.
111
Parts of principal buildings may project into required minimum yards as shown in Table 19.1-
210.A.:
otes for Table 19.1.210.A.
[1] Encroachment shall be
no closer than 5 feet to
an interior side lot line
or 10 feet to a front or
coiner side lot line.
[2] Side of structure is
considered open if a
maximum of 2 feet of
the height of the side is
constructed of brick,
siding, lattice, louvers
or other building
materials. Any portion
of the structure which
complies with the
required minimum
principal structure yard
setback is not required
to be open.
[3] Encroachment shall be
no closer than 5 feet to
interior side lot line.
21 -Clean
111 " ' 011
°/tciet i
Front
Interior Side
Rear
Corner
Side
Cornice, eave, sill, leader,
belt course, chimney,
3111
3111
3
3111
canopy or similar
ornamental feature
Uncovered stairs or fire
4.5111
4.5111
4.5
4.5111
escape
Terrace, step, or landings
not higher than the
loll]
10111
10
1011]
entrance floor of the
building
Bay window or balcony
occupying not more than
3111
3111
3
3111
one-third of the wall length
Outside storm enclosure
not more than 6 feet in
4111
4111
4
4111
width
Attachments open on 3
/2 required
sides such as porch,
10
side yard for
10
0
carport, drive-in window or
principal
asoline cavo .
structure [r]
otes for Table 19.1.210.A.
[1] Encroachment shall be
no closer than 5 feet to
an interior side lot line
or 10 feet to a front or
coiner side lot line.
[2] Side of structure is
considered open if a
maximum of 2 feet of
the height of the side is
constructed of brick,
siding, lattice, louvers
or other building
materials. Any portion
of the structure which
complies with the
required minimum
principal structure yard
setback is not required
to be open.
[3] Encroachment shall be
no closer than 5 feet to
interior side lot line.
21 -Clean
111 " ' 011
111
111
111
G. Arterials and Collectors.
Attachment A -Clean
Proposed Ordinance
Access Plan. An access plan shall be drawn to scale and include the following, as deemed
necessary by the director of transportation:
o dimensions and distances;
o traffic and pedestrian circulation system;
o location and width of roads, crossovers, driveways, access aisles, entrances to parking
areas, pedestrian ways, bikeways; and
o other information as may be required.
111
22 -Clean
Attachment A -Clean
Proposed Ordinance
111
23 -Clean
oY.._
Number of Spaces
Required
Specific Use
General Use Category
g Y
or
All Areas Excluding
Special Design Districts
Size of Use
Special Design Districts
121 [31[41
[11[21[31[4]
Dwelling units except as
2 per dwelling unit
2 per dwelling unit
listed below
Assisted living with dwelling
units (for Assisted living
0.8 per dwelling unit
0.8 per dwelling unit
without dwelling units see
Health Care, Assisted living)
Manufactured home
2 per manufactured
161
2 per manufactured
[61
home
home
Multiple -family -Occupancy
Residential Units 151
restricted to "housing for
older persons" as defined by
the Virginia Fair Housing
1.2 per dwelling unit
1.2 per dwelling unit
Law with no residents
permitted under 19 years of
age
2 per dwelling unit, plus 1
2 per dwelling unit, plus 1
Townhouses
for each 5 dwelling units
for each 5 dwelling units
to be located in common
to be located in common
parking areas
parking areas
Business from the Home
oa ���
As per Sec. 19.1-235.A.
As per Sec. 19.1-235.A.
1 per each 20 persons
enrolled up to a
Adult
maximum of 6 spaces,
plus one for each
Da Care
Y
employee [71
4.4 per 1000 s/f of gfa 171
1 per each 20 persons
enrolled up to a
Child
maximum of 6 spaces,
plus one for each
employee 171
Family day care home
As per Sec. 19.1-235.A.
As per Sec. 19.1-235.A.
Art, dance, martial arts,
1 per 200 s/f of gfa
1 per 200 s/f of gfa
music
1 per employee, plus 1 for
1 per employee, plus 1 for
Business or vocational
each 6 students enrolled
each 6 students enrolled
(maximum students on
(maximum students on
site at one time)
site at one time)
Grades pre -kindergarten
5 plus 1 per employee
5 plus 1 per employee
School
through grade 9
(maximum on site at one
(maximum on site at one
time)
time)
1 per employee plus 1 for
1 per employee plus 1 for
Grades 10 and higher
each 6 students enrolled
each 6 students enrolled
(maximum on site at one
(maximum on site at one
time)
time)
23 -Clean
oY.._
Attachment A -Clean
Proposed Ordinance
24 -Clean
Num I her of Spaces Required
Specific Use
General Use Category
or
All Areas Excluding
I
Special Design Districts
Size of Use
Special Design Districts
[21 [3][41
[1]'[2] [3] [4]
--Hotel- ormotel
----------------------------
I per bedroom ----------------------
I per bedroom
• With cocktail lounge,
Add I per 150 s/f of gfa
Add I per 150s/f of gfa
Lodging
restaurant or nightclub
for such area
for such area
---------------------------------- -----------------------------------------------
---------------------
---
Add I per each 3 seats of
Add I per each 3 seats of
• With meeting facility
capacity for such area
capacity for such area
Arena or stadium
I for each 4 seats
I for each 4 seats
I for each 4 seats of
I for each 4 seats
Church or other place of
worship
sanctuary or main
sanctuary or main
worship room ca acity
worship room ca acity
Club or lodge
------------------------------
I per 100 s/f of gfa of
I per 100 s/f of gfa of
• Without fixed seats
--- ----------------------------------------------------
assemb-lv-area -------------------------
as-sembly-area ----------------------
I for each 4 seats of main
I for each 4 seats of main
Place of Assembly
* With fixed seats
meeting area capacity
meeting area capacity
I for each 3 seats of
I for each 3 seats of
Theater, sit down
capacity
capacity
Place of assembly not
enumerated
_otherwise
I per 100 s/f of gfa
I per 100 s/f of gfa of
9 Without fixed seats
-----------------------------------------------------
-----------------------
-- a ss ------------l_y area
I for each 4 seats of main
I for each 4 seats of main
• With fixed seats
meeting area capacity
meeting area capacity
I per 500 s/f of gfa-
I per 500 s/f of gfa-
Kennel, commercial
5 spaces minimum
5 spaces minimum
Animal Care
As required for Office
As required for Office
Veterinary clinic or hospital
uses
uses
Assisted living without
dwelling units (for assisted
living with dwelling units see
I for each 4 beds
I for each 4 beds
Dwelling, assisted living with
Health Care
dwelling units)
Clinic: Medical, Dental,
As required for Office
As required for Office
Optical
uses
uses
Hospital
1.5 for each bed
1.5 for each bed
Nursing Home
I for each 4 beds
I for each 4 beds
Ambulance
3 for each emergency
3 for each emergency
or
service vehicle operated
service vehicle operated
Rescue Squad
from site
from site
24 -Clean
Specific Use
General Use Category or
Size of Use
10,000 s/f or less of gfa
10,001 to 26,500 s/f of gfa
26,501 to 50,000 s/f of gfa
Office 50,001 to 75,000 s/f of gfa
75,001 s/f or more of gfa
Repair
Automobile, Sales or rental
Motor Vehicle
or
Tractor Trailer
Self-service and service
Number of S
All Areas Excluding
Special Design Districts
[11 [2] [31 [41
1 per 200 s/f of gfa-
5 spaces minimum
1 per 200 s/f for the first
10,000 s/f of gfa, plus 1
per 250 s/f in excess of
10,000 s/f of gfa
1 per 200 s/f for the first
10,000 s/f of gfa, plus 1
per 250 s/f in excess of
10,000 s/f of gfa
1 per 200 s/f for the first
10,000 s/f of gfa, plus 1
per 250 s/f for the next
40,000 s/f of gfa, plus 1
per each additional 300
s/f in excess of 50,000 s/f
of gfa
1 per 200 s/f for the first
10,000 s/f of gfa, plus 1
per 250 s/f for the next
40,000 s/f of gfa, plus 1
per each additional 300
s/f for the next 25,000 s/f
of gfa, plus 1 per each
additional 400 s/f in
excess of 75,000 s/f of
3 plus 3 for each service
I per 400 s/f of gfa of
enclosed sales, rental,
office and parts area
excluding service areas,
plus 1 for each 2500 s/f of
outside display area, plus
3 for each service bav
1 per 200 s/f of gfa of
enclosed building
excluding service areas,
plus 3 for each service
Attachment A -Clean
Proposed Ordinance
Special Design Districts
[21 [31 [41
4.4 per 1000 s/f of gfa[81
4.4 per 1000 s/f of gfal$1
1 per 200 s/f for the first
10,000 s/f of gfa, plus 1
per 250 s/f in excess of
10,000 s/f of gfa[']
1 per 200 s/f for the first
10,000 s/f of gfa, plus I
per 250 s/f for the next
40,000 s/f of gfa, plus 1
per each additional 300
s/f in excess of 50,000 s/f
of gfa[']
1 per 200 s/f for the first
10,000 s/f of gfa, plus 1
per 250 s/f for the next
40,000 s/f of gfa, plus 1
per each additional 300
s/f for the next 25,000 s/f
of gfa, plus 1 per each
additional 400 s/f in
excess of 75,000 s/f of
3 plus 3 for each service
1 per 400 s/f of gfa of
enclosed sales, rental,
office and parts area
excluding service areas,
plus 1 for each 2500 s/f of
outside display area, plus
3 for each service bav
4.4 per 1000 s/f of gfa
enclosed building
excluding service areas,
plus 3 for each service
25 -Clean
C ou��
Attachment A -Clean
Proposed Ordinance
1:0
MMM7
10111
7
Number of Spaces Required
7d
U
Specific Use
Specific
General Use Category
or
All Areas I
All Areas Excluding
si n Districts
Special Design Districts
Size of Use
p i
Special Design Districts
ec
3g[4
[21 [31 [41
Ill [21 [31 [41
-------- - ---
Shopping Center
or
4.4 per 1000 s/f of gfa
4.4 per 1000 s/f of gfal8l
Similar Group of Retail
Buildings
store
I per 750 s/f of gfa
4.4 per 1000 s/f of gfa
-Appliance
I per 400 s/f of enclosed
I per 400 s/f of enclosed
Building materials sales
gfa area, plus I per 2000
gfa area, plus I per 2000
s/f of outside display area
s/f of outside display area
Furniture store
I per 750 s/f of gfa
4.4 per 1000 s/f of gfa
I per 200 s/f of gfa in
4.4 per 1000 s/f of gfa in
enclosed building
enclosed building
exclusive of greenhouse,
exclusive of greenhouse,
Retail
Greenhouse or plant nursery
plus I per 700 s/f of gfa
plus I per 700 s/f of -fa
in greenhouse, plus I per
in greenhouse, plus I per
700 s/f of outside
700 s/f of outside
dis la and rowing area
display and growing area
I per 400 s/f of enclosed
I per 400 s/f of enclosed
Home Center
gfa area, plus I per 2000
gfa area, plus I per 2000
s/f of outside display area
s/f of outside display area
Retail Uses Not Otherwise
I per 200 s/f of gfa
4.4 per 1000s/f of gfa181
Enumerated
Vendor, outdoor
5 for each vendor
5 for each vendor
Personal Service
I per 200 s/f of gfa
4.4 per 1000 s/f of gfal'I
Carry -out
2 per 100 s/f of gfa
Restaurant
Fast food or drive-in
per 100 s/f of gfa-
2 p
4.4 per 1000 s/f of gfa181
minimum.
I Sit down
1.5 per 100 s/f of gfa
26 -Clean
Attachment A -Clean
Proposed Ordinance
27 -Clean
�` °”
in
i Win
7Categoryor
Number of Spaces Required
Specific Use
-
General
All Areas Excluding
Special Design Districts
Size of Use
Special D z�i�gn31
[21 [31 [a]
4Districts
1 for each employee
1 for each employee
//�
(maximum on site at any
(maximum on site at any
Wholesale Souse
or
��� i////�fi%�� /fir/ /�,
j� ���,,����ai�; /j����;/�/�j/�%i�
��i i�/ iib /%,/��j�%i�� �,%�/� ,
one time), plus 1 per 200
s/f of of front counter
one time), plus 1 per 200
s/f of of front counter
Wholesale Distributor%%%//j/"%l�;/��,%,%i,%�i�%%,��'
����� �/1j ���„�/���,G/l ��/�
gfa
sales and stock area plus
gfa
sales and stock area plus
� ��r,�/��/, �/ ��
1 for
1 for
each company
each company
vehicle
vehicle
1 for each employee
(maximum on site at an
1 for each employee
maximum on site at an
one time, 1 200
one time), 1 200
Warehouse, Principal
plus per
plus per
Use
s/f of gfa of front
s/f of gfa of fi ont
counter sales and stock
counter sales and stock
area, plus 1 for each
area, plus 1 for each
company vehicle
company vehicle
Office space less than 50% of
the gfa and retail uses are
1 per 400 s/f of gfa
1 per 400 s/f of gfa
accessory
Office space less than 50% of
Warehouse, Accessory
the gfa and there are no retail
1 per 750 s/f of gfa
1 per 750 s/f of gfa
to Principal Use not
uses
Associated with an
Office space more than
Industrial Use
50% of the gfa and retail uses
1 per 300 s/f of gfa
1 per 300 s/f of gfa
are accessory
Office space more than
50% of the gfa and there are
1 per 400 s/f of gfa
1 per 400 s/f of gfa
no retail uses
Mini storage
l
1 for each employee
maximum on site at an
1 for each employee
( maximum on site at an
ori/,%
/� �,
Y
Y
Mini-warehouse�ij%�%;'%�%%�'j%%'%%�%%%j%
�'�';"�nl�'�„�j��i�i/"�'i/�, ,ii
one time)-
one time)-
5 space minimum
5 space minimum
Laboratory or
Other Research and
Development, not:
Associated with an
Industrial
,/,%/ j/i/i / ;! r% ;�f%,,
� �/ /�,j,� �
1 per 300 s/f of fa
p g
1 per 300 s/f of fa
p g
or
Manufacturing use
1 for each employee for
1 for each employee for
Industrial
or
the first 300 employees,
the first 300 employees,
Manufacturing use not
�i'�%'�%i�%"
plus
plus 1 per each 2
plus 1 per each 2
Otherwise
'%,r j%;% ;
employees in excess of
300 (maximum
employees in excess of
300 (maximum on site at
Enumerated
%iiia%�;���%,�;i��j�'i�, fifi�„%'�'� ;%';,�%'
/% /,
on site at
any one time)
any one time)
27 -Clean
�` °”
AttachnnentA-Cean
Proposed Ordinance
�
General Use Category
Specific Use
or
Size of Use
Number of Spaces
Required
All Areas Excluding
Special Design Districts
Special Design Districts
[2j [31 14J
I for each 3 karts, boats
I for each 3 karts, boats
Go-kart, bumper boats or
similar use
or similar use
accommodated on track,
water or similar facility
or similar use
accommodated on track,
water or similar facility
at any one time
at any one time
Golf course
60 per each 9 holes
60 per each 9 holes
Golf driving range
1.2 per each tee
1.2 per each tee
3 for each hole for the
3 for each hole for the
first 18 holes, plus 2 for
first 18 holes, plus 2 for
Golf course, miniature
each hole for the second
each hole for the second
18 holes, plus I for each
18 holes, plus I for each
hole in excess of 36
hole in excess of 36
Sports playfields, indoor and
outdoor with fixed seats
I for each 4 seats
I for each 4 seats
Recreational
Sports playfields, indoor
without fixed seats
45 per field
45 per field
Sports playfields, outdoor
without fixed seats
30 per field
30 per field
Swimming pool
I per 90 s/f of swimming
and wadin area 4:1
I per 90 s/f of swimming
and wading area
Tennis, racquetball, squash
and handball court
4 per court
4 per court
Volleyball court
12 per court
12 per court
Indoor facilities not
otherwise listed
I per 200 s/f of -fa
41,
4.4 per I 000s/f of afal']
Zn
��
*,^�=^^�_—
Attachment A -Clean
Proposed Ordinance
Notes for Table 19.1-236.A.
[1] In the Northern Jefferson Davis Highway Corridor, parking requirements shall be based upon the lesser
of that outlined in the Table or 4.4 per 1000 s/f of gfa.
[2] In the Northern Jefferson Davis Highway Corridor, Employment Center, Special Design Districts and
C-1 Districts, the required number of parking spaces may be reduced by 10% if the development
contains a sidewalk or other pedestrian system which connects, or will connect, to existing or future
sidewalks or pedestrian systems.
[3] In the Northern Jefferson Davis Highway Corridor and Special Design Districts, parking spaces in a
road may be counted toward the required number of parking spaces when more than 1/2 of the space
adjoins the use.
[4] Within a non-residential development adjacent to a bikeway required by Sec. 19.1-208., the number of
parking spaces may be reduced by 1 for each 6 bicycle storage spaces, with a maximum reduction of 3
and provided a minimum of 5 parking spaces shall be provided.
[5] For residential uses, parking spaces within a garage or an enclosed or covered space may be counted
toward parking requirements.
[6] In an MH -1 District, one of the required parking spaces may be located in a common parking area
within the park.
[7] If a drop-off or pick-up area is provided directly from vehicles to the building, stacking space shall be
provided. If such an area is not provided, 5 additional parking spaces shall be installed. If care is
provided for school age children, a sidewalk shall be installed from the building to the school bus stop
for the facility.
[8] In the Ettrick Special Design District, parking requirements for the use shall be based upon 2.2 parking
spaces per 1,000 s/f of gfa.
Where the required number of parking spaces is reduced as provided in Table 19.1-236.A., Note
4, the following standards shall be met:
1. Storage spaces which shall include bicycle racks shall be of a shape, location and design so
as to be effectively usable;
2. Storage spaces shall be located as close as practicable to building entrances; and
3. Storage spaces shall either be located within:
• a parking area, but not on required parking spaces or so as to obstruct vehicular
traffic;
• a sidewalk, but not so as to obstruct pedestrian traffic; or
• another area as may be approved through plan review.
29 -Clean
Attachment A -Clean
Proposed Ordinance
111
111
B. Permitted Uses in Buffers. Provided that the uses are consistent with the purpose and intent of
buffers, uses permitted in buffers include:
o landscaping and screening as permitted herein;
o signs;
o security fencing;
o utilities which run generally perpendicular through the buffer;
o pedestrian ways;
o bikeways; or
o similar uses as may be permitted through plan review.
In subdivisions, easements or road accesses crossing a buffer shall be permitted provided they
cross the buffer generally at right angles or so as to have the least impact on the buffer.
D. Permitted Encroachments into Buffers Adiacent to Roads in Subdivisions. The following
encroachments shall be permitted, provided that, at the time of plan review for a subdivision, the
necessity for the encroachment is demonstrated along with the fact that alternatives to the
encroachment are not easily available. The easement encroachment shall be depicted on
construction plans.
2. At time of preliminary plat review, if it is determined, due to unique site circumstance, that a
BMP is required adjacent to a road, the BMP may encroach as determined by the director of
environmental engineering, provided that:
111
• in addition to the requirements of Section 19.1-212., landscaping, berms, or
decorative fences or features are provided between the lots and the road to
accomplish the spirit and intent of the buffer requirement and to preclude access to
the road, as determined at the time of plan review.
30 -Clean
Attachment A -Clean
Proposed Ordinance
A. Buffers between Different Zoning Districts.
000
Buffers Treatment. Table 19.1-263.A.2.a. outlines the landscaping requirements for buffers
between different zoning districts. If the buffer does not contain existing vegetation or if
existing vegetation is approved for removal, the requirements of either Table 19.1-263.A.2.a.
or Table 19.1-263.A.2.b. may be used.
Notes for Table 19.1-263.A.2.a.
[1] Between different zoning districts, where a bikeway required by Sec. 19.1-208. is pennitted
within a buffer, the director of planning may modify buffer treatment requirements so long as
the resulting improvements and design meet the purpose and intent of buffers.
[2] Evergreen trees may be substituted for a maximum of 50 percent of required small deciduous
trees.
31 -Clean
Attachment A -Clean
Proposed Ordinance
Notes for Table 19.1-263.A.2.b.
[1] Between different zoning districts, where a bikeway required by Sec. 1.9.1-208. is permitted
within a buffer, the director of planning may modify buffer treatment requirements so long as
the resulting improvements and design meet the purpose and intent of buffers.
[2] Evergreen trees may be substituted for a maximum of 50 percent of required small deciduous
trees.
32 -Clean
,.. .., 4.
Attachment A -Clean
Proposed Ordinance
B. Buffers Adjacent to Roads in Lot Subdivisions.
1. Buffer Widths. For a lot subdivision, as defined in Chapter 17, buffers shall be provided
adjacent to roads as outlined in Table 19.1-263.13.1.
Notes for Table 19.1-263.B.1.
[1 ] Buffer requirements shall not apply to lots recorded prior to 2/28/2001.
[2] Where right-of-way dedication occurs to accommodate a bikeway required in 19.1-208., the
width of the buffer shall be reduced by the width of the right-of-way necessary to accommodate
the bikeway.
[3] In the Upper Swift Creek Special Buffer Area shown on the zoning maps, the buffer width shall
be increased to 100 feet except for lots which received preliminary plat approval prior to
10/10/2007.
B. Subdivision Review. Except for buffers required by zoning approval and when such approval
did not allow modification of the requirements through pian review, the requirements for
buffers in subdivisions may be modified during subdivision plan review provided that the
resulting improvements and design meet the purpose and intent of buffers and, for buffers
adjacent to roads, preclude access to the road. Where the buffer width is reduced to
accommodate a bikeway required by 19.1-208, the required treatment within the buffer shall be
likewise reduced or alternative treatment may be approved within the reduced width.
For buffers adjacent to roads, modifications shall be limited to relocation of the buffer area and
plantings, or alternative landscaping, as follows:
33 -Clean
,,,
Attachment A -Clean
Proposed Ordinance
• reduction of the shrub requirement if it is determined that another feature, such as
topography or existing mature vegetation, would limit the effectiveness of, or
necessity for, shrubs;
• using durable decorative walls or fences, berms, increasing landscaping, fencing to
minimize land disturbance, or subdivision design; or
• significant or unique topographical variation which accomplishes the spirit and intent
of the buffer, and precludes access to the road.
111
A. Signs Permitted in VDOT Right -of -Way. In addition to the signs outlined in B., the following
signs may be placed within the right-of-way if approved by the Virginia Department of
Transportation:
• signs posted by, on behalf of, or with permission of, a governmental agency or public
utility;
• noncommercial signs within a median strip at the entrances to residential,
nonresidential, or mixed use communities; and
• limited duration banners across a road in Special Design Districts related to a
noncommercial activity within the District; and
• other signs permitted by this chapter when located within a right-of-way expanded
soley to accommodate a bikeway required by Sec. 19.1-208.
B. Road Setbacks. Except where expressly stated, signs shall meet the following requirements:
1. Road Setbacks. Except as outlined herein, setbacks shall be measured from the existing
right-of-way. If a sign is permitted to be located within an ultimate right-of-way shown on
the comprehensive plan, or an existing right-of-way, the owner shall be responsible for
relocating the sign to conform to the setback requirements at such time that the road is
widened. Signs shall conform to the following setbacks:
a. Except as outlined b., signs shall be set back as follows:
• in Special Design Districts, 5 feet from the right-of-way; or
• in other areas, 20 feet from the edge of the pavement or face of curb as applicable, but
in no case less than 1 foot from the right-of-way.
b. Along the following roads, signs may be located within the ultimate right-of-way shown
on the comprehensive plan if the right-of-way is dedicated, free and unrestricted, to the
county, and either a license agreement is obtained from the board of supervisors or a
34 -Clean
No
Attachment A -Clean
Proposed Ordinance
permit is obtained from VDOT, as may be applicable, provided the signs are set back 20
feet from the edge of the pavement or face of the curb, as applicable:
o Route 60 between the Powhatan County line and Winterfield Road;
o Route 60 between Old Buckingham Road and the Richmond corporate limits;
o Route 360;
o Route 10 between the Richmond corporate limits and Buckingham Street;
o Route 10 between Jefferson Davis Highway and the Hopewell corporate limits;
o Huguenot Road;
o Courthouse Road between Route 60 and Route 360;
o Harrowgate Road; and
o Jefferson Davis Highway.
A. R, MH -2 and MH -3 Districts.
Notes for Table 19.1-304.A.3.a.
[1] Eaves may encroach 3 feet into required setback.
[2] Setbacks from a buffer required by Sec. 19.1-263.13. which encroach into or abuts a lot shall
be 5 feet. .
[3] Setbacks in MH -3 Districts are for individual pad sites.
Notes for Table 19.1-304.A.3.b.
[1] Eaves may encroach 3 feet into required setback.
[2] Setbacks from a buffer required by Sec. 19.1-263.13. which encroach into or abuts a lot shall
be 5 feet.
[3] Setbacks in MH -3 districts are for individual pad sites.
111
111
111
35 -Clean
Attachment A -Clean
Proposed Ordinance
Notes for Table 19.1-304.A.3.c.
[1] Eaves may encroach 3 feet into required setback.
[2] Setbacks from a buffer required by Sec. 19.1-263.13. which encroach into or abuts a lot shall be
5 feet.
[3] Setbacks in MH -3 districts are for individual pad sites.
B. R-TH Districts.
Mf
111
Notes for Table 19.1-304.B.3.
[1] Eaves may encroach 3 feet into required setback.
[2] Windows, doors or other similar openings shall not be permitted above the lesser of '1 story or 10 feet
[3] A privacy yard having a minimum size of 10 by 25 feet shall be maintained.
[4] To ensure adequate usable open space on each lot, 1 wall of the accessory building shall abut an interior side
property line and maintain a solid wall without windows, doors or other similar openings adjoining the
interior side property line.
[5] Detached accessory building 12 feet or more in height shall meet a setback of 10 feet.
[6] Setbacks from a buffer required by Sec. 19.1-263.13. which encroach into or abuts a lot shall be 5 feet.
[7] Detached accessory building 12 feet or more in height shall meet a setback of 12.5 feet.
36 -Clean
tea, -.,mom
Attachment A -Clean
Proposed Ordinance
In R Districts, the required lot area may be reduced by 20 percent when the lot shares a common
boundary with one of the following:
• a bikeway required by Sec. 19.1-208. constructed in conjunction with the
development of the affected lot, and right-of-way in excess of the ultimate right-of-
way is dedicated free and unrestricted, to and for Chesterfield County, to
accommodate the facility;
• a bikeway required by Sec. 19.1-208. constructed in conjunction with the
development of the affected lot, and land is dedicated fee simple, to and for
Chesterfield County, to accommodate the facility; or
• a buffer required by Sec. 19.1-263.13.1 and the buffer is located in common area.
The length of the common boundary shall be at least the minimum lot width required for the
district. Lot lines shall not be arbitrarily manipulated, as determined by the planning department,
to obtain the required minimum lot width at the common boundary. In an R-88 District, the
minimum lot area for the district shall be based upon requirements of Table 19.1-61.A. Note 1.
111
37 -Clean
Attachment A -Clean
Proposed Ordinance
111
Notes for Table 19.1-369.A.
[1] Setbacks may be impacted by Setbacks -Generally, Permitted Yard Encroachments for Principal
Buildings, Floodplain and Chesapeake Bay regulations.
[2] At least one principal building in a project shall be set back as follows:
• 75% or more of the fagade shall have a maximum setback of 15 feet; or
• if a hardscaped pedestrian area extending from that portion of the building set back greater than
15 feet to the required 8 foot setback line is provided, less than 75% of the fagade, but in no case
less than 50% of the fagade, shall have a maximum setback of 15 feet.
[3] Canopies and awnings that create pedestrian arcades shall be permitted to encroach into the required
setback and shall not be subject to the limits of Section 19.1-210.
[4] Parking shall be set back as follows:
• no closer to the road than the rear of the building; or
• if there is no building, the greater of either '/2 the depth of the lot or no closer to the road than the
rear fagade setback of the nearest building facing the road.
Views of parking from roads shall either be minimized by a building, or 3 to 4 foot high decorative
walls, fencing, evergreen hedges or a combination thereof. Hedges shall be maintained at a height
of 3 to 4 feet. Walls, fencing and hedges shall be located as follows:
• set back from the road at the minimum building setback; or
• between the parking and any hardscaped pedestrian area located between the road and the parking
area.
[5] Parking shall not be located between the fagade of any building and the road.
Views of parking areas from roads shall either be minimized by a building, or 3 to 4 foot high
decorative walls, fencing, evergreen hedges or a combination thereof. Hedges shall be maintained at
a height of 3 to 4 feet. Walls, fencing and hedges shall be located as follows:
• setback from the road at the minimum building setback; or
• between the parking and any hardscaped pedestrian area located between the road and the parking
area.
[6] Views of parking from adjacent property designated for single family residential use on the
comprehensive plan shall either be minimized by a building, or 3 to 4 foot high decorative walls,
fencing, evergreen hedges or a combination thereof. Hedges shall be maintained at a height of 3 to
4 feet.
[7] Height limits are subject to Article IV, Division 2.
38 -Clean
M
Attachment A -Clean
Proposed Ordinance
A. Design Criteria for All Basins. In addition to the requirements of Section 19.1-212, all basins
required by the director of environmental engineering as either a stormwater management facility
or a Best Management Practice for water quality improvement or designed as a retention or
detention facility for any new development or redevelopment of property shall conform to the
following criteria:
111
111
Bikeway: Improvement specifically designed and designated to accommodate bicycle travel whether
within a road, shared use path, trail, or other approved facility. A bikeway may include, or be a
part of, facilities which also serve pedestrian or other modes of non -motorized transportation. The
term bikeway includes associated safety measures such as, but not limited to, signage and road
crossings, as well as provisions for maintenance of the facilities.
000
Pedestrian way: Circulation system designed to be used primarily by pedestrians.
111
Shared use path: A form of infrastructure separated from motor vehicle traffic that supports multiple
modes of transportation such as bicycles, wheelchairs, pedestrians and other non -motorized forms of
transportation.
111
(2) That this ordinance shall become effective immediately upon adoption.
1928:96807.2
39 -Clean
Attachment A -Clean
Proposed Ordinance
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 17-24,17-56,
17-62, and 17-71 OF THE SUBDIVISION ORDINANCE RELATING TO BIKEWAYS
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Sections 17-24, 17-56, 17-62, and 17-71 of the Code of the County of Chesterfield,
1997, as amended, are amended and re-enacted, to read as follows:
Chapter 17
SUBDIVISION OF LAND
Sec. 17-24. Posting of public notice.
111
111
B. The validity of any action on an application, or transfer request as provided for in this
section, shall not be affected by the unauthorized removal of a notice which has been
duly posted in accordance with this section. Such posting shall occur for at least 21 days
before the planning commission hearing or date of administrative action. No action on
the applicable plat application may occur until after the notice period.
1. Subdivision Application. If the director of planning receives a transfer request from
an aggrieved person within 15 days of the posting of the sign for a plat under
administrative review, the director shall refer the plat to the planning commission for
review pursuant to Sec. 17-21B. The transfer request shall state reasons for concerns
which shall be limited to conditions relating to streets, access, water, wastewater,
stormwater conveyance systems, stormwater facilities, bikeways as provided in Sec.
19.1-208 or to the implementation of conditions of zoning required to be complied
with and implemented at the time of plat approval.
2. Exception request. If the director of planning receives a transfer request from an
aggrieved person, within 15 days of the posting of the sign for a proposed exception
under administrative review, the director shall refer the exception request to the
planning commission for review pursuant to Sec. 17-8. The transfer request pursuant
to this subsection shall specify reasons for concern with the granting of the exception.
C. A person is considered aggrieved for the purpose of requesting a transfer of review to the
planning commission as provided in this section if:
1. They are an owner, lessee or contract purchaser of property adjacent to the subject
property; or
39 -Clean
Attachment A -Clean
Proposed Ordinance
2. They are an owner or lessee of property who will be adversely affected by the
approval of the subdivision application or exception in an immediate and substantial
manner not shared by the public generally.
A person shall not be considered adversely affected for purposes of this section by any
personal financial hardship anticipated as a result of business competition associated with
the proposed use.
Sec. 17-56. Plan and plat requirements.
111
111
40 -Clean
Application Type
In addition to any requirements for a specific application, the
—
following items shall be provided as specified for each plat or
plan type when the applicable column is marked with an
000
B. The following shall be provided and/or depicted, as
applicable
000
3. Individual lot area in square footage 131 and the square
footage of each lot reduced in size based upon the provisions
X
X
of Chapter 19.1 regarding buffers and bikeways
000
22. Street, rights-of-way, and easement information:
a. Location, right of way width, state route number, and
name of any existing street within or adjacent to the
X
X
X
X
subdivision
b. Location, right-of-way width, and name of any proposed
X
X
X
X
street, bikeway and pedestrian network 181
c. Right-of-way dedication from the centerline of existing
X
X
X
street
d. All existing and proposed residential collector and local
X
streets shall be labeled with design traffic volumes
40 -Clean
Attachment A -Clean
Proposed Ordinance
Sec. 17-62. Standard conditions.
111
111
10. Final plats shall indicate the existing and proposed right-of-way dedications for all streets
and bikeways within or adjacent to the proposed subdivision.
000
Sec. 17-71. Designation of land for public use.
A. All subdivisions shall comply with the conditions of zoning and Chapter 19.1 requiring
dedication or reservation of land for possible acquisition for public uses including but not
limited to: parks, schools, libraries, and fire stations.
B. Subdivisions shall accommodate public uses as required by conditions of zoning and
Chapter 19.1. Whenever a tract includes a proposed public use, it shall be suitably
incorporated by the subdivider into the plat after a determination is made by the county
whether such property is needed.
41 -Clean
� "I,
1 d I. -
Application
Type
In addition to any requirements for a specific application, the
following items shall be provided as specified for each plat or
plan type when the applicable column is marked with an
000
®
a
a
e. All arterial, collector, and limited access streets for which
a design is required shall be labeled with classification,
X
geometric design standard, design speed, and design
traffic volumes
f. Proposed streets with centerline curve data and any
X
sidewalks, pedestrian and bikeway facilities
g. Private pavement and fire access lanes
X
X
X
h. The location, width, and purpose of all existing and
anticipated onsite easements, including any pedestrian,
X
X
X
bikeway and utility easements serving the subdivision 191
i. The location, width, and purpose of all existing and
proposed offsite easements, including any pedestrian,
X
bikeway and utility easements serving the subdivision
Sec. 17-62. Standard conditions.
111
111
10. Final plats shall indicate the existing and proposed right-of-way dedications for all streets
and bikeways within or adjacent to the proposed subdivision.
000
Sec. 17-71. Designation of land for public use.
A. All subdivisions shall comply with the conditions of zoning and Chapter 19.1 requiring
dedication or reservation of land for possible acquisition for public uses including but not
limited to: parks, schools, libraries, and fire stations.
B. Subdivisions shall accommodate public uses as required by conditions of zoning and
Chapter 19.1. Whenever a tract includes a proposed public use, it shall be suitably
incorporated by the subdivider into the plat after a determination is made by the county
whether such property is needed.
41 -Clean
� "I,
1 d I. -
Attachment A -Clean
Proposed Ordinance
C. The planning commission or director of planning, based upon conditions of zoning and
Chapter 19.1 shall verify whether the land is to be:
1. Dedicated to the county by the subdivider, or
2. Made available for acquisition by the county.
D. The planning commission or director of planning shall verify that the land is:
1. Required for the proposed public use, and
2. Suitable for the proposed public use.
If it is determined that the land is not required, the director shall advise the subdivider of
said determination and, if allowed by conditions of zoning and Chapter 19. 1, shall advise
the subdivider as to the ability to rearrange lots in the proposed subdivision to incorporate
the land.
If it is determined that the land is not suitable for the proposed use, the planning
commission or director may refuse to approve such dedication or configuration and
require the rearrangement of lots in the proposed subdivision.
E. After it is verified that the land is:
1. Required to be dedicated and appropriate for the proposed public use, the subdivider
shall be informed of this finding, and shall proceed with the preliminary plat approval
process. When the plat is recorded, such recordation shall constitute acceptance of the
land for the designated public purpose.
2. Required to be made available for acquisition, and appropriate for the proposed
public use, the subdivider shall be informed of this finding. The director of planning
may also propose alternate areas on the subject parcel for acquisition. The director of
planning and the appropriate county officer or other public entity involved in the
acquisition or use of each such site shall seek a commitment to purchase such site by
the board of supervisors and shall include an estimate of the time required to
complete the acquisition. The planning commission or director of planning shall not
approve the plat for a minimum of 30 days to allow the board of supervisors to act.
a. If the board of supervisors approves the request, the subdivider shall designate on
the plats that area proposed to be acquired by the board of supervisors.
b. If the board of supervisors denies the request, the subdivider shall be advised to
incorporate the area as otherwise permitted by this chapter on the plat.
000
(2) That this ordinance shall become effective immediately upon adoption.
1928:96743.2
42 -Clean
Attachment B-Blackline
Proposed Ordinance
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS
19.1-27, 19.1-30, 19.1-53, 19.1-61, 19.1-66, 19.1-71, 19.1-76, 19.1-81, 19.1-86, 19.1-92,
19.1-97, 19.1-133, 19.1-208, 19.1-209, 19.1-210, 19.1-211, 19.1-212, 19.1-231, 19.1-236,
19.1-239, 19.1-262, 19.1-263, 19.1-264, 19-274, 19-304, 19-306, 19-369, 19-550,
and 19-570 OF THE ZONING ORDINANCE RELATING TO BIKEWAYS
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Sections 19.1-27, 9.1-30, 19.1-53, 19.1-61, 19.1-66, 19.1-71, 19.1-76, 19.1-81, 19.1-86,
19.1-92, 19.1-97,19.1-133, 19.1-208, 19.1-209, 19.1-210, 19.1-211, 19.1-212, 19.1-231, 19.1-236,
19.1-239, 19.1-262, 19.1-263, 19.1-264, 19-274, 19-304, 19-306, 19-369, 19-550, and 19-570 of the
Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows:
F. Site Plan Required Information. Plans shall be prepared in one or more sheets if necessary to
facilitate review and approval. If prepared in more than one sheet, match lines shall clearly
indicate where sheets join and each sheet shall contain an overall sketch plan showing the
relationship of improvements on each sheet. Scale shall be 1 inch equals 100 feet or larger for all
plan sheets showing buildings or building lots, and at least 1 inch equals 600 feet for all other
plan sheets.
In addition to other information as may be required by this chapter for applications, a site plan
shall include the following information where applicable, and if applicable, existing and
proposed improvements or landscaping:
111
• Roads, parking, buildings-anA-,pedestrian access and bikeways:
o roads; entrances, exits, parking to include handicapped and loading spaces;
number of spaces; length and width of spaces; width of drives; and pavement
design detail;
o sidewalks;
o bikeways;
o buildings locations, including distances between buildings; and
I-Blackline
Attachment B-Blackline
Proposed Ordinance
o building details including architectural elevations or renderings, number of
stories, gross square feet of each floor, number of dwelling units, number of
lodging rooms in hotel or motel, and height.
111
C. Appeals and Transfers.
1. Eligibility and Time Limits for Appeal of Decision or Transfer Request.
a. Applicant. If the planning department approves or disapproves the pian and the applicant
disagrees with the final decision, he may file a written appeal with the planning
commission within 15 days of the date of the decision.
b. Aggrieved Person. An aggrieved person may request in writing within 15 days of the date
of the decision that the application be decided by the planning commission instead of the
planning department. The transfer request shall explain how the development shown on
the plan will adversely affect the person and is limited to the following matters:
o land use transitions;
o buffers and screening;
o zoning approval conditions;
o architectural treatment;
o features affecting nearby residential areas;
o access and internal circulation;
o Chesapeake Bay Preservation area delineation;
o Improvement sketch processing;
o drainage;
o water and wastewater line location; or
o features affecting public safety.
In addition for the purposes of bikeways as provided in Section 19.1-208, transfer of review may be
requested in accordance with this section provided that the person shall not be aggrieved solely because
they would be reasonably calculated to use such bikeway.
111
2-Blackline
Attachment B-Blackline
Proposed Ordinance
111
=s �/iii i / j � % r /r r r% / r / � rr / / / %/%/ r ✓�� / r i r ,,; ,' , , ,
e+ eatzanar ghborhood acxl ty%pr ma ervang the urrvuludtng reszderit al com,MYaity,
R -C District:
a. Use is located within the conservation area required by Section 19.1-86.;
b. Maximum of 10 percent, but no less than 2 acres, of the designated conservation areas is
used for community buildings and active recreation facilities (tennis courts, swimming
pools, etc.) and accessory parking;
c. Facilities and related parking are located and designed to minimize impacts on rural
vistas, historic sites and natural resources;
d. With the exception of playground areas (i.e., areas accommodating swings, jungle gyms,
or similar such facilities), outdoor playfields, courts, swimming pools and similar active
recreational areas are set back 100 feet from single family residential lot lines and 50 feet
from roads except when the ultimate right-of-way has been expanded soler
accommodate a bikeway required by Sec. 19.1-208, then the setbacks shall be measured
without includingthe panded right-of-waY. Indoor facilities or parking are permitted
within the 100 feet. Within the 100 foot setback, a 50 foot buffer, planted at a density of
2.5 times Perimeter Landscaping C, is provided along the perimeter of active recreational
facilities except where adjacent to a road;
e. Playground areas (i.e., areas accommodating swings, jungle gyms or similar such facilities)
are set back a minimum of 40 feet from property lines. A 40 foot buffer, planted with
Perimeter Landscaping C, is provided along the perimeter of the facilities except where
adjacent to roads;
f. Outside public address systems or speakers are not allowed; and
g. Trails are set back 25 feet from property adjacent to the subdivision or single family
residential lot line within the subdivision.
111
3-Blackline
Attachment B-Blackline
Proposed Ordinance
In addition to the other requirements of this chapter, the conditions specified in this section shall be
met in an R-88 District.
A. Lot and Building Standards.
A. Lot Standards
1. Lot area and width
a. Area (square feet)
88,000
b. Width (feet)
, 'f ( r" lli f "1�f
1) Fronting on major arterial
300
2) Fronting on other road
150
2. Lot coverage (maximum %)
20
B. Road Frontage for lots intended for dwelling purposes (feet)
1. Family subdivision lot
15
2. Other lotstA41
a. Permanent cul-de-sac
30
b. Radius of a loop street
30
c. Other roads[p]
50
C. Principal Building Setbacks (feet)1141
feet) -
1. Front yard"'
I .
a. Non cul-de-sac
75
b. Permanent cul-de-sac
25
2. Interior side yard
40
3. Corner side yard
a. Through 'lot, lot back to back with another corner lot, or lot
7540
backing to open space or common area 171Baek to side w
etheF n ,• let
b. Back t„ h-aw , . ith another- n r lotOther lot
4875
4. Rear yard
a. Non through lot
50
b. Through lot
75
1. Midlothian Core and Lesser of 2.5 stories or 30 feet
Chester Corridor East Special Design Districts
2. Other Lesser of 3 stories or 40 feet
E. Accessory Building Requirements Subiect to Section 19.1-304
4-Blackline
Attachment B-Blackline
Proposed Ordinance
Notes for Table 19.1-61.A.
rIJ For lots not having direct access onto a major arterial road, lot area may be reduced to 65,340
square feet or 43,560 square feet with use of public water and wastewater. If lot at_easized is
reduced, the maximum number of lots permitted shall be based upon the calculation as shown in
Figure 19.1-61.A.
r21 Subject to the provisions of Chapter 12 relative to use of private onsite water and wastewater
facilities, the area of a lot which shares a common boundary with a buffer or bikeway may
reduced in accordance with Sec. 19.1-306.
{4}I3] For flag lots, road frontage may be reduced to 30 feet.
RJ-Ju_Frontage on the terminus of a stub street does not meet the requirements for road frontage
unless through the preliminary plat review process it is determined that extension of the stub street
is not needed to serve future development.
{34LSetbacks may be impacted by Buffer, Setbacks --Generally, Permitted Yard Encroachments
for Principal Buildings, Floodplain, Chesapeake Bay or Upper Swift Creek Watershed regulations.
F61 Minimum setbacks shall be increased where necessary to obtain the required lot width at the front
building line.
{441[71 Open space or common area shall be a minimum of 15 feet wide for the entire length of the
rear proper . line.
154L8 Height limits are subject to Article IV, Division 2.
[Roll]
5-Blackline
Attachment B-Blackline
Proposed Ordinance
In addition to the other requirements of this chapter, the conditions specified in this section shall be
met in an R-40 District.
A. Lot and Building Standards.
w 11 1 11 1
A. Lot Standards
� ���Y I °1���9 ��
otes for Table 19.1-66.A.
[1] Lot area requirements may be
impacted by the availability of
public utilities. Refer to Chapter
12.
[21 The area of a lot which shares a
t , )
1. Lot area and width ��� !�r1 ������
a. Area (square feet) 40,000
b. Width (feet) 150
2. Lot coverage maximum %) 20
B.Road Frontage for lots intended for dwelling purpose s (feet) 12'1
1. Family subdivision lot 15
common boundary with a buffer or
2. Other lots 111 ,r��� l���,�
bikeway may be reduced in
a. Permanent cul-de-sac 30
accordance with Sec. '19.1-306.
b. Radius of a loop street 30
For flag lots, road frontage
may be reduced to 30 feet.
c. Other roads 50
C.Principal Building Setbacks (feet)
1. Front yard �"''
� ���Y I °1���9 ��
f -H1 l]_Frontage on the terminus of
a stub street does not meet the
a. Non cul-de-sac
60
b. Permanent cul-de-sac
25
requirements for road frontage
2. Interior side yard
20
unless through the preliminary plat
review process it is determined
that extension of the stub street is
not needed to serve future
3. Corner side yard
a. Lots recorded on, or after, 4/1/1974
1) Through lot, lot back to back with
another corner lot, or lot backing to
X30
development.
open space or common area 171�lc-te
side with " of r r44
{4}[5] Setbacks may be impacted
by Buffer, Setbacks --Generally,
2) Baek to ,.aek ,vith etheF eeme
3855
letOther lot
—
Permitted Yard Encroachments for
Principal Buildings, Floodplain,
Chesapeake Bay or Upper Swift
Creek Watershed regulations.
[61 Minimum setbacks shall be
increased where necessary to
b. Lots recorded prior to 4/1/1.974
30
4. Rear yard
, f 1 i�t
a. Non through lot
50
b. Through lot
60
D. Principal Building Heights (maximum)
1. Midlothian Core and
Lesser of 2.5
Chester Corridor East Special Design
stories or 30 feet
obtain the required lot width at the
Districts
fi-ont building line.
2. Other
Lesser of 3 stories
or 40 feet
[71 Open space or common area shall
Subject to Section
be a minimum of 15 feet wide for
the entire length of the rear
E. Accessory Building Requirements
19.1-304
property line.
000
{54LU_Height limits are subject to
Article IV, Division 2.
6-Blackline
Attachment B-Blackline
Proposed Ordinance
In addition to the other requirements of this chapter, the conditions specified in this section shall be
met in an R-25 District.
A. Lot and Building Standards.
otes for Table 19.1-71.A.
A. Lot Standards
jl]_Lot area requirements may be
impacted by the availability of
public utilities. Refer to Chapter
12.
F21 The area of a lot which shares a
1. Lot area and width
a. Area (square feet) 25,000
b. Width (feet) 120
2. Lot coverage (maximum %) 25
B. Road Frontage for lots intended for dwelling purposes (feet) 12"1
common boundary with a buffer or
1. Family subdivision lot 15
bikewU mU be reduced in
accordance with Sec. 19.1-306.
2. Other lots `�°',��'
a. Permanent cul-de-sac 30
1444 1 For flag lots, road frontage
may be reduced to 30 feet.
{�-}[4] .Frontage on the terminus of a
stub street does not meet the
requirements for road frontage
unless through the preliminary plat
review process it is determined that
extension of the stub street is not
needed to serve future development.
f34 51 Setbacks may be impacted by
Buffer, Setbacks --Generally,
Permitted Yard Encroachments for
Principal Buildings, Floodplain,
Chesapeake Bay or Upper Swift
Creek Watershed regulations.
[61 Minimum setbacks shall be
increased where necessary to obtain
the required lot width at the front
building line.
{4}[7] Open space or common area
b. Radius of a loop street 30
c. Other roads 1431 50
C. Principal Buildin Setbacks (feet)
1. Front and -�
a. Non cul-de-sac
50
b. Permanent cul-de-sac
25
2. Interior side yard
15
3. Corner side yard��
,"1,�� �l �/�� ��
a. Through lot, lot back to back with another
q�25
25
corner lot, or lot backing to open space or
common area 171Baek to side .=,4 .,,,othe,.
eemer let
b. Back ,„ ,.ae!E A,it , . othe,• , - letOther
lot
2645
4. Rear yard
X11 �'y
a. Non through lot
40
b. Through lot
50
D. Principal Building Heights (maximum) -
1. Midlothian Core and
Chester Corridor East Special Design
Districts
Lesser of 2.5 stories
or 30 feet
2. Other
Lesser of 3 stories
or 40 feet
E. Accessory Building Requirements Subject to Section
19.1-304
000
shall be a minimum of 15 feet wide
for the entire length of the rear
prope . line.
1-54L 1 Height limits are subject to
Article IV, Division 2.
7-Blackline
Attachment B-Blackline
Proposed Ordinance
In addition to the other requirements of this chapter, the conditions specified in this section shall be
met in an R-15 District.
A. Lot and Building Standards.
A. Lot Standards'Notes
for Table 19.1-76.A.
[ 1 ] Lot area requirements may be
impacted by the availability of
public r12.res. Refer to
Chapter 12.
f21 The area of a lot which shares a
1. Lot area and width ` ' 2
a. Area (square feet) 15,000-
b. Width (feet) 100
2. Lot coverage (maximum %) 30
B. Road Frontage for Tots intended for dwellingpurposes (feet) -
1. Family subdivision lot 15
2. Other lots ° �
common boundary with a buffer
a. Permanent cul-de-sac 30
or bikeway may be reduced in
b. Radius of a loop street 30
accordance with Sec. 19.1-306.
c. Other roads [p] 50
RLa For flag lots, road frontage
may be reduced to 30 feet.
94 4] Frontage on the terminus
of a stub street does not meet the
requirements for road frontage
unless through the preliminary
plat review process it is
determined that extension of the
stub street is not needed to serve
future development.
{4415�Setbacks may be impacted
by Buffer, Setbacks --Generally,
Permitted Yard Encroachments
for Principal Buildings,
Floodplain, Chesapeake Bay or
Upper Swift Creek Watershed
regulations.
u Minimum setbacks shall be
increased where necessary to
obtain the required lot width at
the front building line.
{-54121 Open space or common
C.Principal Buildin& Setbacks (feet)
1. Front yard-
�, t, I f�
a. Non cul-de-sac
40
b. Permanent cul-de-sac
25
2. Interior side yard
�� �' `��
a. Lots recorded after 12/11/1945
15
b. Lots recorded on, or prior to, 12/11/1945
10
3. Corner side yard
Y
a. Lots recorded on, or after, 4/1/1974
1) Through lot, lot back to back with another
conger lot, or lot backing; to open space or
common area [71Baek to side with ,,nethe
cei+ei4ro`
X20
—
2) 'R^^,. +^ i,.,^i..,,;t" another eon+ffOther lot
ael_—
?935
b. Lots recorded prior to 4/1/1974
20
4. Rear and
[��� d��il
a. Non through lot
25
b. Through lot
40
D.Princi al Building Heights (maximum)
1. Midlothian Core and
Chester Corridor East Special
Design Districts
Lesser of 2.5 stories
or 30 feet
2. Other
Lesser of 3 stories
or 40 feet
E. Accessory Building Requirements Subject to Section
19.1-304
area shall be a minimum of 15
feet wide for the entire length of
_
the rear property line.
111
{6}181 Height limits are
subject to Article IV, Division 2.
8-Blackline
Attachment B-Blackline
Proposed Ordinance
In addition to the other requirements of this chapter, the conditions specified in this section shall be
met in an R-12 District.
A. Lot and Building Standards.
for Table 19.1-81.A.
A. Lot Standards MIMMUMIMMUM [ 1 ] Lot area requirements may be
l . Lot area and width impacted by the availability of
public utilities. Refer to Chapter
a. Area (square feet) 12,000 12
b. Width (feet) 90
2. Lot covera e maximum % 30 L1 The area of a lot which shares a
B Road Frontage for lots intended for dwellin purposes (feet) - common boundary with a buffer or
1. Family subdivision lot 15 bikeway may be reduced in
2. Other lots ' accordance with Sec. 19.1-306.
a. Permanent cul-de-sac 30
b. Radius of a loop street 30 {x}131 For flag lots, road frontage
c. Other roads [p] 50 may be reduced to 30 feet.
C. Principal Building Setbacks (feet)''
1. Front yard -
a. Non cul-de-sac
b. Permanent cul-de-sac
2. Interior side yard
3. Corner side yard
a. Throm4h lot, lot back to back with another
corner lot, or lot backing to open space or
common area 171Baek to side with othef
0t
I]
b. Baek to baek Zvi
4. Rear yard
a. Non through lot
b. Through lot
1. Midlothian Core and
Chester Corridor East Special
Desiun Districts
2. Other
E. Accessory Building Requirements
111'
lot
94 41 Frontage on the terminus of
35 a stub street does not meet the
25 requirements for road frontage
unless through the preliminary plat
10 review process it is determined that
1��� extension of the stub street is not
needed to serve future
-3920 development.
{44[51 Setbacks may be impacted
830 by Buffer, Setbacks --Generally,
Permitted Yard Encroachments for
25 Principal Buildings, Floodplain,
30 Chesapeake Bay or Upper Swift
11 Creek Watershed regulations.
Lesser of 2.5 stories
or 30 feet
Minimum setbacks shall be
increased where necessary to
obtain the required lot width at the
Lesser ofLs or
40 feet
front building line.
Subject ton
19.1-304
1 -54171 ---Ogen space or common
area shall be a minimum of 15 feet
wide for the entire length of the
rear property line.
{x[81 Height limits are subject to
Article IV, Division 2.
9-Blackline
Attachment B-Blackline
Proposed Ordinance
000
B. Lot and Building Standards.
otes for Table 19.1-86.B.
[1] Lot area requirements maybe
A. Lot Standards
impacted by the availability of
public utilities. Refer to Chapter
1. Lot area and width
12.
[21 The area of a lot which shares a
a. Area (square feet) 12,000
b. Width (feet) 90
2. Lot coverage (maximum %)
30
common boundary with a buffer or
B. Road Frontage for; lots intended for dwelling purposes
(feet)
bikewU may be reduced in
1. Family Subdivision Lot
15
accordance with Sec. 19.1-306.
2. Other Lots
{x}[31 For flag lots, road frontage
shall be reduced to 30 feet.
1-34 4] Frontage on the terminus
of a stub street does not meet the
requirements for road frontage
unless through the preliminary
plat review process it is
a. Permanent cul-de-sac 30
b. Radius of a loop street 30
C. Other roads 149T50
C.Principal Buildin Setbacks(feet) -
1. Front yard '
a. Non cul-de-sac 35
b. Permanent cul-de-sac 25
2. Interior side yard
10
determined that extension of the
stub street is not needed to serve
future development.
3. Corner side yard
a. Through lot, lot back to back with another
3820
corner lot, or lot backing to open space or
common area t7lB ek to side .,,;t,, anethe~
�^4
{4}f51 Setbacks may be impacted
~.,^~
by Buffer, Setbacks --Generally,
Permitted Yard Encroachments
for Principal Buildings,
Floodplain, Chesapeake Bay or
Upper Swift Creek Watershed
regulations.
^^ ^~ Other lot
b 3aek to �^^' +' ^ ^+"^ ~
3�0
—
4. Rear yard
a. Non through lot
25
b. Through lot
35
D. Principal Building Height (maximum) -
1. Midlothian Core and
Lesser of 2.5 stories
Chester Corridor East Special
or 30 feet
[61 Minimum setbacks shall be
Design Districts
increased where necessary to
obtain the required lot width at
2. Other
Lesser of 3 stories or
40 feet
the dont building line.
E. Accessory Building Requirements Subject to Section
19.1-3041
1-54 7] Open space or common
area shall be a minimum of 15
feet wide for the entire len tg h of
the rear property line.
000
if r-equitzed thfough the
erre,.*,,,. street .,,hie has ne
buffer- ~ adj „t to t e stfeet tl,^
Fequi ed sethaek may -be
ineFeaseaby25 feet.
f6JL ] Height limits are subject
to Article IV, Division 2.
Attachment B-Blackline
Proposed Ordinance
In addition to the other requirements of this chapter, the conditions specified in this section shall be
met in an R-9 District.
A. Lot and Building Standards.
MEMEEEM�������
A. Lot Standards
Notes for Table 19.1-92.A.
[ 1 ] Lot area requirements may be
impacted by the availability of
public utilities. Refer to Chapter
12.
[21 The area of a lot which shares a
1. Lot area and width 19
a. Area (square feet) 9,000
b. Width (feet) 75
2. Lot coverage (maximum %) 30
B. Road Frontage for lots intended for dwelling purposes (feet) 1-
1. Family subdivision lot 15
common boundary with a buffer
2. Other lots
or bikeway may be reduced in
a. Permanent cul-de-sac 30
accordance with Sec. 19.1-306.
b. Radius of a loop street 30
R4L31 For flag lots, road frontage
may be reduced to 30 feet.
J-34L,4J_Frontage on the terminus
of a stub street does not meet the
requirements for road frontage
unless through the preliminary
plat review process it is
determined that extension of the
stub street is not needed to serve
future development.
144L5Setbacks may be impacted
by Buffer, Setbacks --Generally,
Permitted Yard Encroachments
for Principal Buildings,
Floodplain, Chesapeake Bay or
Upper Swift Creek Watershed
regulations.
L]_Minimum setbacks shall be
increased where necessary to
obtain the required lot width at
the front building line.
[71 Open space or common area
c. Other roads tp] 50
C.Principal Buildin& Setbacks (feet)
1. Front and -
ail , I i
a. Non cul-de-sac
30
b. Permanent cul-de-sac
25
2. Interior side and
7.5
3. Comer side and
a. Through lot, lot back to back with another
2415
comer lot, or lot backing to open space or
common area 17113aek to side with anothe
eefffef4et
b. §;+^' K_ �,ith another- eefaerOther lot
4-525
4. Rear yand;"�
... ...... . ... ..
a. Non through lot
25
b. Through lot
30
D.Principal Building Heights (maximum)
1. Midlothian Core and
Chester Corridor East Special
Design Districts
Lesser of 2.5 stories
or 30 feet
2. Other
Lesser of 3 stories or
40 feet
Subject to Section
E. Accessory Building Requirements 1.9.1-304
000
shall be a minimum of 15 feet
wide for the entire length of the
rear property line.
f54L] Height limits are subject to
Article IV, Division 2.
I I -B lackline
Attachment B-Blackline
Proposed Ordinance
In addition to the other requirements of this chapter, the conditions specified in this section shall be
met in an R-7 District.
A. Lot and Building Standards.
11 W;:ii': W! i i i 0: i: : ii: ! NO 11111MIN's
A. Lot Standards
prior
1. Lot area and width for lots recorded prior to 1/1/1989 which received tentative plat approval prior to
11/13/1985 and such plat has been properly renewed. approval
a. Area (square feet)
7,000111
b. Width (feet)
50
2. Lot area and width for lots where tentative approval is received
on or after 11/13/1985
a. Area (square feet)
9,000
b. Width (feet)
75
3. Lot coverage (maximum %)
30
B. Road Frontage for lots intended for dwelling purposes (feet) -
1. Family subdivision lot
15
2. Other lots
a. Permanent cul-de-sac
30
b. Radius of a loop street
30
c. Other roads 14a1
50
C. Principal Building Setbacks
1. Front and except for Ettrick Village-Ge+e
a. Non cul-de-sac
30
b. Permanent cul-de-sac
25
2. Interior side yard
a. Lots recorded after 12/11/1945
7.5
b. Lots recorded on, or prior to, 12/11/1945
5
3. Comer side yard
a. Lots recorded on, or after, 4/1/1974
1) Through lot, lot back to back with another comer lot,
toopen space or common area 1%aek to side w4h-aneth,-4-
or lot backing 12415
ee—er- lot
2) Back to back with another- eeft+ef Other lot
4-525
b. Lots recorded prior to 4/1/1974
15
4. Rear and
a. Non through lot
25
b. Through lot 1 -'*1
30
D.Principal Building Heights (maximum) —
1. Midlothian Core and
Chester Corridor East Special Design Districts
Lesser of 2.5 stories or 30 feet
2. Other
Lesser of 3 stories or 40 feet
L E. --Accessory Building Requirements
Subject to Section 19.1-304
12-Blackline
Attachment B-Blackline
Proposed Ordinance
Notes for Table 19.1-97.A.
[1] Lot area requirements may be impacted by the availability of public utilities. Refer to
Chapter 12.
[2] The area of a lot which shares a common boundary with a buffer or bikeway may be
reduced in accordance with Sec. 19.1-306.
R4 3]_For flag lots, road frontage may be reduced to 30 feet.
1-34 4]_Frontage on the terminus of a stub street does not meet the requirements for road
frontage unless through the preliminary plat review process it is determined that extension
of the stub street is not needed to serve future development.
{4}f 5]_Setbacks may be impacted by Buffer, Setbacks --Generally, Permitted Yard
Encroachments for Principal Buildings, Floodplain, Chesapeake Bay or Upper Swift Creek
Watershed regulations.
f-54 6]_For lots located in Ettrick Special Design. District:
• Between contiguous developed lots, front yard setback may be reduced to the least front
yard setback of any principal building on any adjacent lot; or
• For other developed lots, front yard setback may be reduced to the front yard setback of
any principal building on the same side of the street and within 200 feet of the lot.
f7lMinimum setbacks shall be increased where necessary to obtain the required lot width at
the front building line.
{6}[81 Open space or common area shall be a minimum of 15 feet wide for the entire length _ of
the rear propel - line.
F4J2 _For lots located in Ettrick Special Design District:
• Between contiguous developed lots, through yard setback may be reduced to the least
through yard setback of any principal building on any adjacent lot; or
• For other developed lots, through yard setback may be reduced to the through yard
setback of any principal building on the same side of the street and within 200 feet of the
lot.
$r} 10 Height limits are subject to Article IV, Division 2.
111
13-Blackline
q
Attachment B-Blackline
Proposed Ordinance
In addition to the other requirements of this chapter, the conditions specified in this section shall be
met in an A District.
A. Lot and Structure Standards.
A. Lot Standards
1. Excluding family subdivisions, lot area and width for dwelling purposes or manufactured home
a. Area (acres)
5
b. Width (feet)
150
2. Family subdivision lots, lot area and width for dwelling purposes or manufactured home
a. Area (acres)
1
b. Width (feet)
150
3. Lots other than for residential or manufactured home use, lot area and width
a. Area (acres)
1
b. Width (feet)
150
4. Lot coverage (maximum %)
20
B.
Road Frontage for lots intended for dwelling purposes or manufactured
home (feet)121
1. Family subdivision lots
15
2. Other lots
250
C.
Principal, Structure Setbacks for lots 'having road frontage (feet)131
1. Front yard
150
2. Interior side yard
40
3. Corner side yard
a. Through lot, lot back to back with another corner lot, or lot
7-540
backing to open space or common area 151Baek to side .,.;+'
.,the eemef4ot
b Baek to 1 aek with another- eeme Other lot
4875
4. Rear Yard
a. Non through lot
50
b. Through lot
150
D.
Principal Structure Setbacks for which zoning approval has been granted to allow use for dwelling purposes or
a manufactured home without public road frontage (feet)[31
1. Front yard
40 14]
2. Interior side yard
15
3. Rear yard
25
E.
Principal Structure Heights (maximum) L"1
1. Structure Excluding Farm Structure
a. Midlothian Core and Chester Corridor East Special Design
Districts
Lesser of 2.5 stories or 30 feet
b. Other Special Design Districts
Lesser of 3 stories or 40 feet
c. Other Areas
Lesser of 3 stories or 40 feet
2. Farm Structure
a. Midlothian Core and Chester Corridor East Special Design
Districts
Lesser of 2.5 stories or 30 feet
b. Other Special Design Districts excluding Ettrick
Lesser of 3 stories or 40 feet
a. Other Areas
50 feet
F.
Accessory Structure RequirementsI
Subject to Section 19.1-304
14-Blackline
Attachment B-Blackline
Proposed Ordinance
Notes for Table 19.133.A.1.
[1] The lot width shall be increased to the minimum required road frontage width for a depth necessary
to create a 5 acre lot or in an arrangement approved by the director of planning based upon
limitations imposed by the lot shape or environmental features.
[2] Frontage on the terminus of a stub street does not meet the requirements for road frontage unless a
detennination is made that extension of the stub street is not needed to serve future development.
[3] Setbacks may be impacted by Floodplain, Chesapeake Bay or Upper Swift Creek Watershed
regulations.
j4Minimum setbacks shall be increased where necessary to obtain the required width at the front
building line.
{4}[5] Open space or common area shall be a minimum of 15 feet wide for the entire length of the
rear prope11y line.
{-54[6] Height limits are subject to Article IV, Division 2.
15-Blackline
Attachment B-Blackline
Proposed Ordinance
16-Blackline
A.
Lot Standards
1. Lot area and width
a. Area (acres)
b. Width (feet)
150
2. Lot coverage (maximum %)
20
B.
Road Frontage for lots intended for dwelling purposes or manufactured home (feet)[']
1. Family subdivision lots
15
2. Other lots
50
C.
Principal Structure Setbacks for lots having road frontage (feet) [21
1. Front yard
150 131 t4l
2. Interior side yard
40
3. Comer side yard
a. Through lot, lot back to back with another comer lot, or lo
backing to open space or common area 151Baek
to side A,
7-540
anothef eomer-4et
b. Baek to baekwith wwther- eeme Other lot
4075
4. Rear Yard
a. Non tlu-ough lot
50
b. Through lot
15 0 [31
D.
Principal Structure Setbacks for which zoning approval has been granted to allow use for
dwelling purposes or a manufactured home without public
road fftrontag (feet)[21
1. Front yard
40 141
2. Interior side yard
15
3. Rear yard
25
E.
Principal Structure Heights (maximuin)101
1. Structure Excluding Farm Structure
a. Midlothian Core and Chester Corridor East
Lesser of 2.5 stories or 30 feet
Special Design Districts
b. Other Special Design Districts
Lesser of 3 stories or 40 feet
C. Other Areas
Lesser of 3 stories or 40 feet
2. Farm Structure
a. Midlothian Core and Chester Corridor East
Lesser of 2.5 stories or 30 feet
Special Design Districts
b. Other Special Design Districts excluding
Lesser of 3 stories or 40 feet
Ettrick
C. Other Areas
50 feet
F. Accessory Structure Requirements
Subject to Section 19.1-304
16-Blackline
Attachment B-Blackline
Proposed Ordinance
Notes for Table 19.133.A.2.
[1] Frontage on the terminus of a stub street does not meet the requirements for road frontage unless a
determination is made that extension of the stub street is not needed to serve future development.
[2] Setbacks may be impacted by Floodplain, Chesapeake Bay or Upper Swift Creek Watershed
regulations.
[3] For a lot created prior to 6/23/1993 which has a principal building constructed prior to 6/23/1993
with a setback less than 150 feet, the building may be expanded, if the addition is set back at least
the same distance as the existing building, but not less than 40 feet.
L4LMinimum setbacks shall be increased, where necessary, to obtain the required width at the front
building line.
{4}[5] Open space or common area shall be a minimum of 15 feet wide for the entire leng_th of the
rear prope11y line.
1-54L6�Height limits are subject to Article IV, Division 2.
17-Blackline
Attachment B-Blackline
Proposed Ordinance
A. Lot Standards
1. Lot area and width
a. Area (square feet)
15,000111
b. Width (feet)
100
2. Lot coverage (maximum %)
30
B.
Road Frontage for lots intended for dwelling purposes or manufactured home (feet),2][31
1. Family subdivision lots
1
2. Other lots
50
C.
Principal Structure Setbacks for lots having road frontage (feet) 141
1. Front yard
100 [5][61
2. Interior side yard
a. Lot recorded on, or after, 12/11/1945
15
b. Lot recorded prior to 12/11/1945
10
3. Comer side yard
a. Lot recorded on or after 4/1/1974 that is a Through lot,
lot back to back with another comer lot, or lot backing
to open space or common area1'1to side A,44
a -nether eemef le
-3-520
20
b. Lot recorded on or after 4/1/1974, baek to baek
anot4er eofnefother lot
w
2-035
c. Lot recorded prior to 4/1/1974
--120
4. Rear Yard
a. Non through lot
2
b. Through lot
100111
D.
Principal Structure Setbacks for which zoning approval has been granted to allow use for dwelling
purposes or a manufactured home without public road frontage (feet) 141
1. Front yard
40161
2. Interior side yard
15
3. Rear yard
25
E.
Principal Structure Heights (maximum)IPI
1. Structure Excluding Farm Structure
a. Midlothian Core and Chester Corridor East
Special Design Districts
Lesser of 2.5 stories or 30 feet
b. Other Special Design Districts
Lesser of 3 stories or 40 feet
c. Other Areas
Lesser of 3 stories or 40 feet
2. Farm Structure
a. Midlothian Core and Chester Corridor East
Special Design Districts
Lesser of 2.5 stories or 30 feet
b. Other Special Design Districts excluding
Ettrick
Lesser of 3 stories or 40 feet
c. Other Areas
50 feet
F.
Accessory Structure Requirements
Subject to Section 19.1-304
18-Blackline
Attachment B-Blackline
Proposed Ordinance
Notes for Table 19.133.A.3.
[1 ] Lot area requirements may be impacted by the availability of public utilities. Refer to Chapter 12.
F21 Frontage on the terminus of a stub street does not meet the requirements for road frontage unless a
determination is made that extension of the stub street is not needed to serve future development.
{x}131 -Lots recorded without road frontage prior to 4/28/1976 are not subject to road frontage
requirements. Such lots may be used for dwelling purposes or manufactured 'home purposes with
zoning approval.
{3-}141 Setbacks may be impacted by Floodplain, Chesapeake Bay or Upper Swift Creek Watershed
regulations.
{4}151 For a lot created prior to 5/26/1988 which has a principal building constructed prior to
5/26/1988 with a setback less than 1.00 feet, the building may be expanded, if the addition is set
back at least the same distance as the existing building, but not less than 40 feet.
[61 Minimum setbacks shall be increased where necessary to obtain the required width at the front
building line.
f[71 Open space or common area shall be a minimum of 15 feet wide for the entire lensth of the
rear prope1:1y grope,line.
{x}181 Height limits are subject to Article IV, Division 2.
111
19-Blackline
Attachment B-Blackline
Proposed Ordinance
For a development that requires site plan or lot subdivision plat approval, bikeways shall be
provided in accordance with the Bikeways and Trails Plan of the comprehensive plan and
constructede�y as outlined in the Bikeways and Trails Plan Facility Guidance Section of
the Bikeways and Trails Chapter of the comprehensive plan unless the director of planning
determines that construction of the facility is not feasible due to:
•Pa .•
• environmental constraints,•
• alternative locations or designs accomplish intent of the comprehensive plan; or
• adverse impact on subject, or adjacent, development.
The exact facility type, width, design and location shall be reviewed and approved by the
planning department at the time of plan review. Bikeways shall either be located in right-of-way,
on county -owned property or within a county easement. Unless otherwise approved by the
transportation department, right-of-way to accommodate bikeways shall be exclusive of the
right-of-way required by Sec. 19.1-209.B. If within a county easement on R, R-TH or MH -2
property, such easement shall be located in common area, unless otherwise approved by the
planning department. Prior to the recordation of any subdivision lot which abuts a right-of-way
easement, buffer or common area in which a bikeway is to be located, such bikeway shall be
substantially completed, as determined by the planning department.
B. Measurement from Roads. Except as provided in 2. below, setbacks from roads shall be
measured from the ultimate right-of-way unless the existing right-of-way is wider. The ultimate
right-of-way shall be the greater of that shown on the tThoroughfare pP-lan of the comprehensive
plan, set of construction plans approved by the director of transportation or as may be determined
by the director of transportation. Unless otherwise determined by the director of transportation, it
shall be assumed that the road will be widened equally on both sides of the established centerline
to the full designated right-of-way width.
In R -MF, MH -1, MH -3, O, C and I Districts, and on propertypied by non-residential uses
in any district, when the ultimate right-of-wa, i�panded solely to accommodate a bikeway
required by Sec. 19.1-208., setbacks shall be measured without including the expanded right-of-
way, except that the setback shall not be less than 1 foot from the expanded right-of-way.
Landscaping or other design measures shall be provided to accomplish the intent of the required
setback landscaping of the design district.
20-Blackline
Attachment B-Blackline
Proposed Ordinance
111
F. Residential Subdivision "- eet Lot Subdivision Principal Building Setbacks from Buffers
and Bikeways. Principal building setbacks from a buffer required by Sec. 19.1-263.B. which
encroaches into >or abuts a lot shall be the lesser of the required yard setback or 25 feet. On
a lot adjacent to property occupied by a bikeway required by Sec. 19.1-208, a principal building
shall be set back the lesser of the required yard setback or 25 feet.
111
Parts of principal buildings may project into required minimum yards as shown in Table 19.1-
21009.A.:
1011011
Notes for
Tablel9.1.21_009.A.
[1] Encroachment shall be
no closer than 5 feet to
an interior side lot line
or 10 feet to a front or
corner side lot line.
[2] Side of structure is
considered open if a
maximum of 2 feet of
the height of the side is
constructed of brick,
siding, lattice, louvers
or other building
materials. Any portion
of the structure which
complies with the
required minimum
principal structure yard
setback is not required
to be open.
[3] Encroachment shall be
no closer than 5 feet to
interior side lot line.
21-Blackline
„ir»f
ComerFront Interior Side Rear
Side
Cornice, eave, sill, leader,
belt course, chimney,
3111
3111
3
3111
canopy or similar
ornamental feature
Uncovered stairs or fire
4.5111
4.5111
4.5
4.5111
escape
Terrace, step, or landings
not higher than the
10111
10111
10
10111
entrance floor of the
building
Bay window or balcony
occupying not more than
3111
3111
3
3111
one-third of the wall length
Outside storm enclosure
not more than 6 feet in
4111
4111
4
4111
width
Attachments open on 3
/2 required
sides such as porch,
10
side yard for
10
0
carport, drive-in window or
principal
asoline cano [2]
structure [3]
1011011
Notes for
Tablel9.1.21_009.A.
[1] Encroachment shall be
no closer than 5 feet to
an interior side lot line
or 10 feet to a front or
corner side lot line.
[2] Side of structure is
considered open if a
maximum of 2 feet of
the height of the side is
constructed of brick,
siding, lattice, louvers
or other building
materials. Any portion
of the structure which
complies with the
required minimum
principal structure yard
setback is not required
to be open.
[3] Encroachment shall be
no closer than 5 feet to
interior side lot line.
21-Blackline
G. Arterials and Collectors.
111
111
111
Attachment B-Blackline
Proposed Ordinance
3. Access Plan. An access plan shall be drawn to scale and include the following, as deemed
necessary by the director of transportation:
o dimensions and distances;
o traffic and pedestrian circulation system;
o location and width of roads, crossovers, driveways, access aisles, entrances to parking
areas, pedestrian ways, bikeways; and
0 other information as may be required.
111
22-Blackline
Attachment B-Blackline
Proposed Ordinance
23-Blackline
M=
MM
Number of Spaces Required
Specific Use
General Use Category
g y
or
All Areas Excluding
Special Design Districts
Size of Use
Special Design Districts
121 [31j41
[r] 121 [31 L1
Dwelling units except as
2 per dwelling unit
2 per dwelling unit
listed below
Assisted living with dwelling
units (for Assisted living
0.8 per dwelling unit
0.8 per dwelling unit
without dwelling units see
Health Care, Assisted living)
Manufactured home
2 per manufactured
2 per manufactured
home[o1
home[o1
Multiple -family -Occupancy
Residential Units[ -541
restricted to "housing for
older persons" as defined by
the Virginia Fair Housing
1.2 per dwelling unit
1.2 per dwelling unit
Law with no residents
permitted under 19 years of
age
2 per dwelling unit, plus 1
2 per dwelling unit, plus i
Townhouses
for each 5 dwelling units
for each 5 dwelling units
to be located in common
to be located in common
parking, areas
parking areas
Business from the Home
I � j�[t�� �
As per Sec. 19.1-235.A.
As per Sec. 19.1-235.A.
1 per each 20 persons
enrolled up to a
Adult
maximum of 6 spaces,
plus one for each
Day Care
employee [��1
[A
-
4.4 per 1000 s/f of gfaGI
1 per each 20 persons
enrolled up to a
Child
maximum of 6 spaces,
plus one for each
employee L76]
Family day care home
As per Sec. 19.1-235.A.
As per Sec. 19.1-235.A.
Art, dance, martial arts,
1 per 200 s/f of gfa
1 per 200 s/f of gfa
music
1 per employee, plus 1 for
1 per employee, plus 1 for
Business or vocational
each 6 students enrolled
each 6 students enrolled
(maximum students on
(maximum students on
site at one time)
site at one time)
School
Grades pre -kindergarten.
5 plus 1 per employee
5 plus 1 per employee
through grade 9
(maximum on site at one
(maximum on site at one
time)
time)
1 per employee plus 1 for
1 per employee plus 1 for
Grades 10 and higher
each 6 students enrolled
each 6 students enrolled
(maximum on site at one
(maximum on site at one
time)
time)
23-Blackline
Attachment B-Blackline
Proposed Ordinance
24-Blackline
q
1 pp , iii I
Number of Spaces Required
Specific Use
7
General Use Category
or
All Areas Excluding
S jr
Special Design Districts
Size of Use
Special Design Districts
[21 1 IL41
[11 [21 [31 L41
Hotel or motel
I per bedroom
I per bedroom
----------------------------------------------------
• With cocktail lounge,
------------ -
Add I per 150 s/f of gfa
A
Add I per 150s/f of gfa
Lodging
restaurant or nightclub
---------------------------------- — ------------------------------------------------------------------
for such area
for such area
-------- — — -------- — - — ---------- --- —•
Add I per each 3 seats of
Add I per each 3 seats of
With meeting facility
capacity for such area
capacity for such area
Arena or stadium
I for each 4 seats
I for each 4 seats
I for each 4 seats of
I for each 4 seats
Church or other place of
worship
sanctuary or main
sanctuary or main
worship room capacity
worship room capacity
Club or lode
--------------------- ----------------------------- --
4
I per 100 s/f of gfa of
I per 100 s/f of gfa of
9 Without fixed seats
------------------------------- — ----------- — ----------
assembly -area -------------------------
as-sembly--area ----------------------
I for each 4 seats of main
I for each 4 seats of main
Place of Assembly
9 With fixed seats
meeting area capacity
meeting area capacity
I for each 3 seats of
I for each 3 seats of
Theater, sit down
ca acity
ca acit�
Place of assembly not
otherwise enumerated
I per 100 s/f of gfa
I per 100 s/f of gfa of
Without fixed seats
----------------------------------------------------
assembly area
�t--------------------------------
area
assembly — --------- — — ------
I for each 4 seats of main
I for each 4 seats of main
• With fixed seats
meeting area capacity
meeting area capacity
I per 500 s/f of gfa-
I per 500 s/f of gfa-
Kennel, commercial
5 spaces minimum
.
5 spaces minimum
Animal Care
As required for Office
As required for Office
Veterinary clinic or hospital
uses
uses
Assisted living without
dwelling units (for assisted
living with dwelling units see
I for each 4 beds
I for each 4 beds
Dwelling, assisted living with
Health Care
dwelling units)
Clinic: Medical, Dental,
As required for Office
As required for Office
Optical
uses
uses
Hospital
1.5 for each bed
1.5 for each bed
Nursing Home
I for each 4 beds
I for each 4 beds
Ambulance
3 for each emergency
3 for each emergency
or
service vehicle operated
service vehicle operated
Rescue Squad
from site
from site
24-Blackline
q
General Use Category
Specific Use
or
Size of Use
10,000 s/f or less of gfa
10,001 to 26,500 s/f of gfa
26,501 to 50,000 s/f of gfa
50,001 to 75,000 s/f of gfa
75,001 s/f or more of gfa
Repair
Automobile, Sales or rental
Motor Vehicle
or
Tractor Trailer
Self-service and service
Attachment B-Blackline
Proposed Ordinance
Number of Spaces Required
All Areas Excluding
Special Design Districts
Special Design Districts
[2]131L1
111; [21 [3] 141 .
excluding service areas,
1 per 200 s/f of gfa-
4.4 per 1000 s/f of gfa[P]
5 spaces minimum
outside display area, plus
1 per 200 s/f for the first
3 for each service bay
10,000 s/f of gfa, plus 1
4.4 per 1000 s/f of gfP71
per 250 s/f in excess of
enclosed building
10,000 s/f of gfa
excluding service areas,
1 per 200 s/f for the first
1 per 200 s/f for the first
10,000 s/f of gfa, plus 1
10,000 s/f of gfa, plus 1
per 250 s/f in excess of
per 250 s/f in excess of
10,000 s/f of gfa
10,000 s/f of fa1�P1
1 per 200 s/f for the first
1 per 200 s/f for the first
10,000 s/f of gfa, plus 1
10,000 s/f of gfa, plus 1
per 250 s/f for the next
per 250 s/f for the next
40,000 s/f of gfa, plus 1
40,000 s/f of gfa, plus 1
per each additional 300
per each additional 300
s/f in excess of 50,000 s/f
s/f in excess of 50,000 s/f
of gfa
of fa1F1
1 per 200 s/f for the first
1 per 200 s/f for the first
10,000 s/f of gfa, plus 1
10,000 s/f of gfa, plus 1
per 250 s/f for the next
per 250 s/f for the next
40,000 s/f of gfa, plus 1
40,000 s/f of gfa, plus 1
per each additional 300
per each additional 300
s/f for the next 25,000 s/f
s/f for the next 25,000 s/f
of gfa, plus 1 per each
of gfa, plus 1 per each
additional 400 s/f in
additional 400 s/f in
excess of 75,000 s/f of
excess of 75,000 s/f of
3 plus 3 for each service 1 3 plus 3 for each service
1 per 400 s/f of gfa of
1 per 400 s/f of gfa of
enclosed sales, rental,
enclosed sales, rental,
office and parts area
office and parts area
excluding service areas,
excluding service areas,
plus 1 for each 2500 s/f of
plus 1 for each 2500 s/f of
outside display area, plus
outside display area, plus
3 for each service bay
3 for each service ba
1 per 200 s/f of gfa of
4.4 per 1000 s/f of gfa
enclosed building
enclosed building
excluding service areas,
excluding service areas,
plus 3 for each service
plus 3 for each service
bay
bay[F]
25-Blackline
Attachment B-Blackline
Proposed Ordinance
26-Blackline
MM7
i III i I Ws Ii: I mug:
7Size
Number of Spaces Required
7d
Specific
Specific Use
U
General Use Category
or
All Areas Excluding
All Areas
si n Districts
Special Design Districts
S of Use
p i
ec al D
Special Design Districts
3g] 4
121 [3] f4l
[ j 1
[1] 121131 f41
Shopping Center
or
Similar. Group Retail
4.4 per 1000 s/f of gfa
4.4 per 1.000 s/f of gfP71
of
Buildings
store
I per 750 s/f of gfa
4.4 per 1000 s/f of gfa
-Appliance
I per 400 s/f of enclosed
I per 400 s/f of enclosed
Building materials sales
gfa area, plus I per 2000
gfa area, plus I per 2000
s/f of outside display area
s/f of outside display area
Furniture store
I per 750 s/f of gfa
4.4 per 1000 s/f of gfa
I per 200 s/f of gfa in
4.4 per 1000 s/f of gfa in
enclosed building
enclosed building
exclusive of greenhouse,
exclusive of greenhouse,
Retail
Greenhouse or plant nursery
plus I per 700 s/f of gfa
plus I per 700 s/f of gfa
in greenhouse, plus I per
in greenhouse, plus I per
700 s/f of outside
700 s/f of outside
dis ]a and rowing area
display and growing area
I per 400 s/f of enclosed
I per 400 s/f of enclosed
Home Center
gfa area, plus I per 2000
gfa area, plus I per 2000
s/f of outside display area
s/f of outside display area
Retail Uses Not Otherwise
I per 200 s/f of gfa
4.4 per 1000s/f of gfP71
Enumerated
Vendor, outdoor
5 for each vendor
5 for each vendor
Personal Service
0/11/1�"IUAA/MR/ "Nal"IM
I per 200 s/ f of gfa
4.4 per 1000 s/f of gfalPI
Carry -out
2 per 100 s/f of gfa
Restaurant
Fast food or drive-in
2 per 100 s/f of gfa-
4.4 per 1000 s/f of gfa[Fl
15 space minimum
Sit down
I.5 er 100 s/f of gfa
26-Blackline
Attachment B-Blackline
Proposed Ordinance
27-Blackline
Specific Use
Number of Spaces Required
General Use Cate or
g Y
or
All Areas Excluding
Special Design Districts
Special Design Districts
Size of Use
[11 [2] [31L1
12] [31141
1 for each employee
maximum on site at an
1 for each employee
maximum on site at an
Wholesale House
/j/ / i i ;%
j/���/�����j/��//alp//j%i��%ff/,�i���
one time), plus 1 per 200
one time), plus 1 per 200
or
%//�%f/i �'f' /�i
j%!�i� if/��/���� f/�/%� /l;,%�i/!;<
s/f of gfa of front counter
s/f of gfa of front counter
Wholesale Distributor%'
,/�//�
if r! / 'i' i/ %%i //;''%"i
sales and stock area plus
1 for each comp any
sales and stock area plus
p 1 for each company
vehicle
vehicle
1 for each employee
(maximum on site at any
1 for each employee
(maximum on site at any
1 200
1 200
Warehouse Principal
p
///'!��� !� �% %%i/i���//i��/�
�/ /r/,%//ii ;v/G,
/�� ,, ,,,
//�////j„
one time plus per
s/f of fa of front
g
one time) plus per
'
s/f of -fa of front
b
Use
,,, % , ,//i j/,% ifio
%„ / i'%"'"'/ i'
f�1����,/,��/�,
counter sales and stock
counter sales and stock
11 0.
I for
svehieach
company vehicles
com aplus
company vehicle
Office space less than 50% of
the gfa and retail uses are
1 per 400 s/f of gfa
1 per 400 s/f of gfa
accessory
Office space less than 50% of
Warehouse, Accessory
the gfa and there are no retail
1 per 750 s/f of gfa
1 per 750 s/f of gfa
to Principal Use not
uses
Assoeiated'with in
Office space more than
Industrial Use
50% of the gfa and retail uses
1 per 300 s/f of gfa
1 per 300 s/f of gfa
are accessory
Office space more than
50% of the gfa and there are
1 per 400 s/f of gfa
1 per 400 s/f of gfa
no retail uses
Mini -storage
g
%'/ f/''/r//,%/ i',
%%f / %o, i%!';iii/'!ii''
1 for each employee
maximum on site at any
1 for each employee
(maximum on site at any
or
���/, �/;���%�/�,�/'���/���/%��/��%i
'Mini -warehouse
one time)-
one time) -
5 space minimum
5 space minimum
Laboratory or
Other Research and
Development, not
' Jl % %`% a i j°/a "
Associated with an
Industrial
/ %
1 per 300 s/f of gfa
1 per 300 s/f of gfa
or
Manufacturin use
'Industrial
/�/
��/j,,�%�/"'�,;//�;°���;, ,!iia�y/��;�% �,'
1 for each employee for
1 for each employee for
j„ /„ /, ,�� ,�„� „,
the first 300 employees,
the first 300 employees,
or
Manufacturinguse not
,jj/j% i
f ,/ f / � j j/� / /
%i yea%fi / f/ r i iii// /
!!%��/%j '��i�;%/�
plus 1 per each 2
plus 1 per each 2
Otherwise
employees
in excess of ees em to
300 maximum on site at
employees in excess of
300 maximum on site at
Enumerated
any one time)
any one time)
27-Blackline
Attachment B-Blackline
Proposed Ordinance
28-Blackline
Number of Spaces
Required
Specific Use
General Use Category
or
All Areas Excluding
Special Design Districts
Size of Use
Special Design Districts
[21 [31L1
[11 [2] 131141
I for each 3 karts, boats
I for each 3 karts, boats
Go-kart, bumper boats or
or similar use
or similar use
similar use
accommodated on track,
accommodated on track,
water or similar facility
water or similar facility
at any one time
at any one time
Golf course
60 per each 9 holes
60 per each 9 holes
Golf driving range
1.2 per each tee
1.2 per each tee
3 for each hole for the
3 for each hole for the
first 18 holes, plus 2 for
first 18 holes, plus 2 for
Golf course, miniature
each hole for the second
each hole for the second
18 holes, plus I for each
18 holes, plus I for each
hole in excess of 36
hole in excess of 36
Sports playfields, indoor and
I for each 4 seats
I for each 4 seats
Recreational
outdoor with fixed seats
Sports playfields, indoor
45 per field
45 per field
without fixed seats
Sports playfields, outdoor
30 per field
30 per field
without fixed seats
Swimming pool
I per 90 s/f of swimming
I per 90 s/f of swimming
and wading area
and wading area
Tennis, racquetball, squash
4 per court
4 per court
and handball court
Volleyball court
12 per court
12 per court
Indoor facilities not
I per 200 s/f of gfa
4.4 per I OOOs/f of gfa[F]
otherwise listed
28-Blackline
Attachment B-Blackline
Proposed Ordinance
Notes for Table 19.1-236.A.
[1] In the Northern Jefferson Davis Highway Corridor, parking requirements shall be based upon the lesser
of that outlined in the Table or 4.4 per 1000 s/f of gfa.
[2] In the Northern Jefferson Davis Highway Corridor, Employment Center, Special Design Districts and
C-1 Districts, the required number of parking spaces may be reduced by 10% if the development
contains a sidewalk or other pedestrian system which connects, or will connect, to existing or future
sidewalks or pedestrian systems.
F31 In the Northern Jefferson Davis Highway Corridor and Special Design Districts, parking spaces in a
road may be counted toward the required number of parking spaces when more than 1/2 of the space
adjoins the use.
{34}[4] Within a non-residential development adjacent to a bikewa required by Sec. 19.1-208., the
number of parking spaces may be reduced by 1 for each 6 bicycle storage spaces, with a maximum
reduction of 3 and provided a minimum of 5 parking spaces shall be provided.
{4 L[ For residential uses, parking spaces within a garage or an enclosed or covered space may be
counted toward parking requirements.
f54Lf 1 In an MH -1 District, one of the required parking spaces may be located in a common parking
area within the park.
fq 7] If a drop-off or pick-up area is provided directly from vehicles to the building, stacking space
shall be provided. If such an area is not provided, 5 additional parking spaces shall be installed. If care
is provided for school age children, a sidewalk shall be installed fi•om the building to the school bus stop
for the facility.
RLU _In the Ettrick Special Design District, parking requirements for the use shall be based upon 2.2
parking spaces per 1,000 s/f of gfa.
111
Where the required number of parking spaces is reduced as provided in Table 19.1-236.A., Note
4, the following standards shall be met:
1. Storage spaces which shall include bicycle racks shall be of a shape, location and design_so
as to be effectively usable;
2. Storage spaces shall be located as close as practicable to building entrances; and
3. Storage spaces shall either be located within:
• a parkin; area, but not on required parking spaces or so as to obstruct vehicular
traffic,
• a sidewalk, but not so as to obstruct pedestrian traffic; or
• another area as mawproved through plan review.
.' J
29-Blackline
Attachment B-Blackline
Proposed Ordinance
111
B. Permitted Uses in Buffers. Provided that the uses are consistent with the purpose and intent of
buffers, uses permitted in buffers include:
o landscaping and screening as permitted herein;
o signs;
o security fencing;
o utilities which run generally perpendicular through the buffer;
o pedestrian walkways;
o bikeways;or
o similar uses as may be permitted through plan review.
In subdivisions, easements or road accesses crossing a buffer shall be permitted provided they
cross the buffer generally at right angles or so as to have the least impact on the buffer.
111
D. Permitted Encroachments into Buffers Adjacent to Roads in Subdivisions. The following
encroachments shall be permitted, provided that, at the time of plan review for a subdivision, the
necessity for the encroachment is demonstrated along with the fact that alternatives to the
encroachment are not easily available. The easement encroachment shall be depicted on
construction plans.
111
2. At time of preliminary plat review, if it is determined, due to unique site circumstance, that a
BMP is required adjacent to a road, the BMP may encroach as determined by the director of
environmental engineering, provided that:
111
• in addition to the requirements of Section 19.1-244-212., landscaping, berms, or
decorative fences or features are provided between the lots and the road to
accomplish the spirit and intent of the buffer requirement and to preclude access to
the road, as determined at the time of plan review.
30-Blackline
Attachment B-Blackline
Proposed Ordinance
A. Buffers between Different Zoning Districts.
000
3. Buffers Treatment. Table 19.1-263.A.2.a. outlines the landscaping requirements for buffers
between different zoning districts. If the buffer does not contain existing vegetation or if
existing vegetation is approved for removal, the requirements of either Table 19.1-263.A.2.a.
or Table 19.1-263.A.2.b. may be used.
Notes for Table 19.1-263.A.2.a.
fll Between different zoning districts, where a bikeway required by Sec. 1.9.1-208. is permitted
within a buffer, the director of planning may modify buffer treatment requirements so long as
the resulting improvements and design meet the purpose and intent of buffers.
Y l21 Evergreen trees may be substituted for a maximum of 50 percent of required small
deciduous trees.
31-Blackline
Attachment B-Blackline
Proposed Ordinance
Notes for Table 19.1-263.A.2.b.
f 11 Between different zoning; districts, where a bikeway required by Sec. 19.1-208. is permitted
within a buffer, the director of planning may modify buffer treatment requirements so long as
the resulting improvements and design meet the purpose and intent of buffers.
144JZL Evergreen trees may be substituted for a maximum of 50 percent of required small
deciduous trees.
32-Blackline
Attachment B-Blackline
Proposed Ordinance
B. Buffers Adjacent to Roads in Lot Subdivisions.
1. Buffer Widths. For a lot subdivision, as defined in Chapter 17, buffers shall be provided
adjacent to roads as outlined in Table 19.1-263.B.1.
Notes for Table 19.1-263.8.1.
[1] Buffer requirements shall not apply to lots recorded prior to 2/28/2001.
121 Where right-of-way dedication occurs to accommodate a bikeway required in 19.1-208., the
width of the buffer shall be reduced by the width of the right-of-way necessary to accommodate
the bikeway.
{x}131 In the Upper Swift Creek Special Buffer Area shown on the zoning maps, the buffer
width shall be increased to 1.00 feet except for lots which received preliminary plat approval
prior to 10/10/2007.
111
B. Subdivision Review. Except for buffers required by zoning approval and when such approval
did not allow modification of the requirements through plan review, the requirements for
buffers in subdivisions may be modified during subdivision plan review provided that the
resulting improvements and design meet the purpose and intent of buffers and, for buffers
adjacent to roads, preclude access to the road. Where the buffer width is reduced to
accommodate a bikeway required by 19.1-208, the required treatment within the buffer shall be
likewise reduced or alternative treatment may be gpproved within the reduced width.
For buffers adjacent to roads, modifications shall be limited to relocation of the buffer area and
plantings, or alternative landscaping, as follows:
• reduction of the shrub requirement if it is determined that another feature, such as
topography or existing mature vegetation, would limit the effectiveness of, or
necessity for, shrubs;
33-Blackline
Attachment B-Blackline
Proposed Ordinance
• using durable decorative walls or fences, berms, increasing landscaping, fencing to
minimize land disturbance, or subdivision design; or
• significant or unique topographical variation which accomplishes the spirit and intent
of the buffer, and precludes access to the road.
111
A. Signs Permitted in VDOT Right -of -Way. In addition to the signs outlined in B., the following
signs may be placed within the right-of-way if approved by the Virginia Department of
Transportation:
• signs posted by, on behalf of, or with permission of, a governmental agency or public
utility;
• noncommercial signs within a median strip at the entrances to residential,
nonresidential, or mixed use communities; and
• limited duration banners across a road in Special Design Districts related to a
noncommercial activity within the District;.- and
• other signs permitted by this chapter when located within a right-of-way expanded
soley to accommodate a bikeway required by Sec. 19.1-208.
B. Road Setbacks. Except where expressly stated, signs shall meet the following requirements:
I. Road Setbacks. Except as outlined herein, setbacks shall be measured from the existing
right-of-way. If a sign is permitted to be located within an ultimate right-of-way shown on
the comprehensive plan, or an existing right-of-way, the owner shall be responsible for
relocating the sign to conform to the setback requirements at such time that the road is
widened. Signs shall conform to the following setbacks:
a. Except as outlined b., signs shall be set back as follows:
• in Special Design Districts, 5 feet from the right-of-way; or
• in other areas, 20 feet from the edge of the pavement or face of curb as applicable, but
in no case less than 1 foot from the right-of-way.
b. Along the following roads, signs may be located within the ultimate right-of-way shown
on the comprehensive plan if the right-of-way is dedicated, free and unrestricted, to the
county, and either a license agreement is obtained from the board of supervisors; or a
permit is obtained from VDOT, as may be applicable., provided the signs are set
back 20 feet from the edge of the pavement or face of the curb, as applicable:
34-Blackline
CPn d<.:
Attachment B-Blackline
Proposed Ordinance
o Route 60 between the Powhatan County line and Winterfield Road;
o Route 60 between Old Buckingham Road and the Richmond corporate limits;
o Route 360;
o Route 10 between the Richmond corporate limits and Buckingham Street;
o Route 10 between Jefferson Davis Highway and the Hopewell corporate limits;
o Huguenot Road;
o Courthouse Road between Route 60 and Route 360;
o Harrowgate Road; and
o Jefferson Davis Highway.
A. R, MH -2 and MH -3 Districts.
111
111
111
Notes for Table 19.1-304.A.3.a.
[1] Eaves may encroach 3 feet into required setback.
[2] Setbacks from a buffer required by Sec. 19.1-263.13. which encroach into or abuts a lot shall
be 5 feet. For lots having a buffer- reeaFaea in aseerdanse with Section 19.1 263.13.. she
[3] Setbacks in MH -3 Districts are for individual pad sites.
111
Notes for Table 19.1-304.A.3.b.
[1] Eaves may encroach 3 feet into required setback.
[2] Setbacks from a buffer required by Sec. 19.1-263.13, which encroach into or abuts a lot shall
Far- lots r buffer- :ded d
be 5 feet. �o� �o�� ��avu�b a oa��e� reco�a�a u� riser arse with Section 19.1 263.13., she
[3] Setbacks in MH -3 districts are for individual pad sites.
111
35-Blackline
("], 01.11. .'I
Attachment B-Blackline
Proposed Ordinance
Notes for Table 19.1-304.A.3.c.
[ 1 ] Eaves may encroach 3 feet into required setback.
[2] Setbacks from a buffer required by Sec. 19.1-263.13. which encroach into or abuts a lot shall be
5 feet. ., the aecessen,
[3] Setbacks in MH -3 districts are for individual pad sites.
B. R-TH Districts.
111
Notes for Table 19.1-304.B.3.
[1] Eaves may encroach 3 feet into required setback.
[2] Windows, doors or other similar openings shall not be permitted above the lesser of 1 story or 10 feet
[3] A privacy yard having a minimum size of 10 by 25 feet shall be maintained.
[4] To ensure adequate usable open space on each lot, 1 wall of the accessory building shall abut an interior side
property line and maintain a solid wall without windows, doors or other similar openings adjoining the
interior side property line.
[5] Detached accessory building 12 feet or more in height shall meet a setback of 10 feet.
[6] Setbacks from a buffer required by Sec. 19.1-263.13. which encroach into or abuts a lot shall be 5 feet. F -of
[7] Detached accessory building 12 feet or more in height shall meet a setback of 12.5 feet.
111
36-Blackline
Attachment B-Blackline
Proposed Ordinance
In R Districts, the required lot area may be reduced by 20 percent when the lot shares a common
boundary with one of the following:
• a bikeway required by Sec. 19.1-208. constructed in conjunction with the
development of the affected lot, and right-of-way in excess of the ultimate right-of-
way
i h tof-
way is dedicated free and unrestricted, to and for Chesterfield County, to
accommodate the facility;
• a bikeway required by Sec. 19.1-208. constructed in conjunction with the
development of the affected lot, and land is dedicated fee simple, to and for
Chesterfield County, to accommodate the facility; or
• a buffer required by Sec. 19.1-263.B.1 and the buffer is located in common area.
The length of the common boundary shall be at least the minimum lot width required for the
district. Lot lines shall not be arbitrarily manipulated, as determined by the planning department,
to obtain the required minimum lot width at the common boundary. In an R-88 District, the
minimum lot area for the district shall be based upon requirements of Table 19.1-61.A. Note 1.
111
37-Blackline
2
Attachment B-Blackline
Proposed Ordinance
111
Notes for Table 19.1-369.A.
[1] Setbacks may be impacted by Setbacks -Generally, Permitted Yard Encroachments for Principal
Buildings, Floodplain and Chesapeake Bay regulations.
[2] At least one principal building in a project shall be set back as follows:
• 75% or more of the fagade shall have a maximum setback of 15 feet; or
• if a hardscaped pedestrian area extending from that portion of the building set back greater than
15 feet to the required 8 foot setback line is provided, less than 75% of the fagade, but in no case
less than 50% of the fagade, shall have a maximum setback of 15 feet.
[3] Canopies and awnings that create pedestrian arcades shall be permitted to encroach into the required
setback and shall not be subject to the limits of Section 19.1-210.
[4] Parking shall be set back as follows:
• no closer to the road than the rear of the building; or
• if there is no building, the greater of either '/Z the depth of the lot or no closer to the road than the
rear facade setback of the nearest building facing the road.
Views of parking from roads shall either be minimized by a building, or 3 to 4 foot high decorative
walls, fencing, evergreen hedges or a combination thereof. Hedges shall be maintained at a height
of 3 to 4 feet. Walls, fencing and hedges shall be located as follows:
• set back from the road at the minimum building setback; or
• between the parking and any hardscaped pedestrian area located between the road and the parking
area.
[5] Parking shall not be located between the fagade of any building and the road.
Views of parking areas from roads shall either be minimized by a building, or 3 to 4 foot high
decorative walls, fencing, evergreen hedges or a combination thereof. Hedges shall be maintained at
a height of 3 to 4 feet. Walls, fencing and hedges shall be located as follows:
• setback from the road at the minimum building setback; or
• between the parking and any hardscaped pedestrian area located between the road and the parking
area.
[6] Views of parking from adjacent property designated for single family residential use on the
comprehensive plan shall either be minimized by a building, or 3 to 4 foot high decorative walls,
fencing, evergreen hedges or a combination thereof. Hedges shall be maintained at a height of 3 to
4 feet.
[7] Height limits are subject to Article IV, Division 2.
111
3 8-Blackline
in.,0✓ ^ . i
Attachment B-Blackline
Proposed Ordinance
A. Design Criteria for All Basins. In addition to the requirements of Section 19.1-2124-, all basins
required by the director of environmental engineering as either a stormwater management facility
or a Best Management Practice for water quality improvement or designed as a retention or
detention facility for any new development or redevelopment of property shall conform to the
following criteria:
111
111
Bikeway: Improvement specifically designed and designated to accommodate bicycle travel whether
within a road, shared use path, trail, or other approved facility. A bikeway may include, or be a
part of, facilities which also serve pedestrian or other modes of non -motorized transportation. The
term bikeway includes associated safety measures such as, but not limited to, signage and road
crossings, as well as provisions for maintenance of the facilities.
000
Pedestrian way: Circulation system designed to be used primarily by pedestrians.; bie elists ef ethef
non motorized tr-affie.
111
Shared use path: A form of infrastructure separated from motor vehicle traffic that supports multiple
modes of transportation such as bicycles, wheelchairs, pedestrians and other non -motorized forms of
transportation.
111
(2) That this ordinance shall become effective immediately upon adoption.
1928:96806.2
39-Blackline
Attachment B-Blackline
Proposed Ordinance
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 17-24,17-56,
17-62, and 17-71 OF THE SUBDIVISION ORDINANCE RELATING TO BIKEWAYS
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Sections I7-24, I7-56, 17-62, and I7-71 of the Code of the County of Chesterfield,
1997, as amended, are amended and re-enacted, to read as follows:
Chapter 17
SUBDIVISION OF LAND
000
Sec. 17-24. Posting of public notice.
111
B. The validity of any action on an application, or transfer request as provided for in this
section, shall not be affected by the unauthorized removal of a notice which has been
duly posted in accordance with this section. Such posting shall occur for at least 21 days
before the planning commission hearing or date of administrative action. No action on
the applicable plat application may occur until after the notice period.
Subdivision Application. If the director of planning receives a transfer request from
an aggrieved person within 15 days of the posting of the sign for a plat under
administrative review, the director shall refer the plat to the planning commission for
review pursuant to Sec. 17-21B. The transfer request shall state reasons for concerns
which shall be limited to conditions relating to streets, access, water, wastewater,
stormwater conveyance systems, aii&stormwater facilities, bikeways as provided in
Sec. 19.1-208 or to the implementation of conditions of zoning required to be
complied with and implemented at the time of plat approval.
2. Exception request. If the director of planning receives a transfer request from an
aggrieved person, within 15 days of the posting of the sign for a proposed exception
under administrative review, the director shall refer the exception request to the
planning commission for review pursuant to Sec. 17-8. The transfer request pursuant
to this subsection shall specify reasons for concern with the granting of the exception.
C. A person is considered aggrieved for the purpose of requesting a transfer of review to the
planning commission as provided in this section if:
They are an owner= of lessee or contract purchaser of an adjaeent, roperty adjacent to
the subject property; or
39-Blackline
Attachment B-Blackline
Proposed Ordinance
2. They are an owner or lessee of property who will be adversely affected by the
approval of the subdivision application or exception in an immediate and substantial
manner not shared by the public generally.
A person shall not be considered adversely affected for purposes of this section by any
personal financial hardship anticipated as a result of business competition associated with
the proposed use.
Sec. 17-56. Plan and plat requirements.
111
111
In addition to any requirements for a specific application, the
Application Type
following items shall be provided as specified for each plat or
plan type when the applicable column is marked with an
000a
o ca
ow
a
U
s1'
a
B. The fallowing shall be provided and/or depicted, as
applicable
000
3. Individual lot area in square footage and the square
footage of each lot reduced in size based upon the provisions
X
X
of Chapter 19.1 regarding buffers and bikeways
000
22. Street, rights-of-way, and easement information:
a. Location, right of way width, state route number, and
name of any existing street within or adjacent to the
X
X
X
X
subdivision
b. Location, right-of-way width, and name of any proposed
X
X
X
X
street, bikeway and pedestrian network 181
c. Right-of-way dedication from the centerline of existing
X
X
X
street
d. All existing and proposed residential collector and local
X
streets shall be labeled with design traffic volumes
40-Blackline
Attachment B-Blackline
Proposed Ordinance
In addition to any requirements for a specific application, the
Application
Type
following items shall be provided as specified for each plat or
plan type when the applicable column is marked with an
000
e. All arterial, collector, and limited access streets for which
a design is required shall be labeled with classification,
X
geometric design standard, design speed, and design
traffic volumes
f. Proposed streets with centerline curve data and any
X
sidewalks, pedestrian and hieycle-bikeway facilities
g. Private pavement and fire access lanes
X
X
X
h. The location, width, and purpose of all existing and
anticipated onsite easements, including any pedestrian.,
X
X
X
bikeway and utility easements serving the subdivision 191
i. The location, width, and purpose of all existing and
proposed offsite easements, including any pedestrian.,
X
bikeway and utility easements serving the subdivision
Sec. 17-62. Standard conditions.
111
10. Final plats shall indicate the existing and proposed right-of-way dedications for all streets
and bikeways within or adjacent to the proposed subdivision.
111
Sec. 17-71. Designation of land for public use.
A. All subdivisions shall comply with the conditions of zoning and Chapter 19.1 requiring
dedication or reservation of land for possible acquisition for public uses including but not
limited to: parks, schools, libraries, and fire stations.
B. Pfel ,,.,roar y plat- Subdivisions shall accommodate public uses as required by conditions
of zoning and Chapter 19.1. Whenever a tract includes a proposed public use, it shall be
suitably incorporated by the subdivider into the plat after a determination is made by the
county whether such property is needed.
41-Blackline
0 U .
Attachment B-Blackline
Proposed Ordinance
C. The planning commission or director of planning, based upon conditions of zoning of and
ehei ,atie pla- appy -e ,a13 Chapter 19.1 shall verify whether the land is to be:
1. Dedicated to the county by the subdivider, or
2. Made available for acquisition by the county.
D. The planning commission or director of planning shall verify that the land is:
1. Required for the proposed public use, and
2. Suitable for the proposed public use.
If it is determined that the land is not required, the director shall advise the subdivider of
said determination and, if allowed by conditions of zoning and Chapter 19. 1, shall advise
the subdivider as to the ability to rearrange lots in the proposed subdivision to incorporate
the land.
If it is determined that the land is not suitable for the proposed use, the planning
commission or director may refuse to approve such dedication or configuration and
require the rearrangement of lots in the proposed subdivision.
E. After it is verified that the land is:
1. Required to be dedicated and appropriate for the proposed public use, the subdivider
shall be informed of this finding, and shall proceed with the preliminary plat approval
process. When the plat is recorded, such recordation shall constitute acceptance of the
land for the designated public purpose.
2. Required to be made available for acquisition, and appropriate for the proposed
public use, the subdivider shall be informed of this finding. The director of planning
may also propose alternate areas on the subject parcel for acquisition. The director of
planning and the appropriate county officer or other public entity involved in the
acquisition or use of each such site shall seek a commitment to purchase such site by
the board of supervisors and shall include an estimate of the time required to
complete the acquisition. The planning commission or director of planning shall not
approve the pr -e ;minar-y plat for a minimum of 30 days to allow the board of
supervisors to act.
a. If the board of supervisors approves the request, the subdivider shall designate on
theprliminar-y -plats that area proposed to be acquired by the board of
supervisors.
b. If the board of supervisors denies the request, the subdivider shall be advised to
incorporate the area as otherwise permitted by this chapter on the rr�.
plat.
000
(2) That this ordinance shall become effective immediately upon adoption.
1928:96744.2
42-Blackline
Attachment C
PROPOSED BICYCLE FACILITIES (BICYCLE, PEDESTRIAN AND SHARED USE PATHS) AND BUFFERS IN
COMMON AREAS CODE AMENDMENT
AND
RELATED EMINENT DOMAIN POLICY
WEB POSTING -PUBLIC COMMENTS AND STAFF RESPONSES
Comment
Staff Response
I fully support the proposed amendment. It is a great addition to
the pian.
I fully support the policies and procedures being proposed for the
Comprehensive Bike Trails plan.
I am glad to see the policy on eminent domain. That policy taken
in conjunction with the Bike Trails plan shows again that
Chesterfield County is capable of planning for the future while
respecting both the past and the rights of individual land owners.
I urge you to oppose the proposed bikeways plan and its
The proposal does not require that the
associated expenditures. This plan is currently unfunded and
county build bikeways; rather the
would only receive funding when extra funds become available.
proposal would require that developers
There are never any "extra" funds when government is involved.
build bikeways shown on the plan as a
Government spends all of the funds taken from the taxpayers'
part of new development. Responsibility
pockets, and in most cases, much more than is available. With the
for future maintenance costs would either
current state of the nation's economy and the financial conditions
be borne by the Virginia Dept. of
present in Chesterfield County, I cannot comprehend expending
Transportation or the Chesterfield County
such a significant amount of money for such a discretionary
Dept. of Parks and Recreation.
purpose as building a massive bikeway system. It's as if my
government leaders are out searching for new ways to spend
money they have not yet taken from my pocket. There are an
abundance of "needs" in Chesterfield County and even more
"desires." Even though I am a senior citizen who would enjoy
riding my bike on long pathways, I will gladly find safe places to
do so without asking you to take money from my neighbors'
pockets in order to fulfill my "desire." If you want to spend
money, take some money from your own funds and build a
bikeway for your neighborhood. But don't take my meager Social
Security funds to build a bikeway system for a small percentage of
citizens that already have much more than I do.
Please add my voice to those supporting the implementation of the
proposed ordinances for the Bikeways and Trails Plan associated
with the County's Comprehensive Plan.
These improvements will enhance the quality of life for the
citizens of Chesterfield and continue the march to making
Chesterfield a "First Choice" community.
Thank you for your consideration of this significant and forward
thinking effort to promote a healthy lifestyle and reduce the use of
vehicles for accessing recreation.
Attachment C
PROPOSED BICYCLE FACILITIES (BICYCLE, PEDESTRIAN AND SHARED USE PATHS) AND BUFFERS IN
COMMON AREAS CODE AMENDMENT
AND
RELATED EMINENT DOMAIN POLICY
WEB POSTING -PUBLIC COMMENTS AND STAFF RESPONSES
Comment
Staff Response
The proposed plan makes sense to me, and I'm glad to see the process is
moving forward!
The comprehensive plan for pedestrian and bicycle transport in Chesterfield
has been adopted. These ordinances are needed to make that plan actionable.
I supported this plan and believe it is long overdue. Please move forward to
make this plan a reality and Chesterfield County the forward looking county I
had hoped it would be when I moved here a little over 3 years ago.
I recently retired and have been asked by doctors to remain active to help
combat heart issues. This plan allows my lifetime passion for cycling to be
continued for many years to come, safely. Please support the ordinances that
will make this plan a reality.
Most taxpayers do not have the free time or money to bike or walk regularly.
I agree with Items 1 through 4 of the proposed policy; however, I object to
Generally, policies and
paragraph 5 as it essentially allows the Board of Supervisors to negate said
ordinances provide flexibility.
policy. Under no circumstances should property owners rights be overridden,
The purpose of the policy is to
using eminent domain, to allow public use bike and pedestrian paths to cross
emphasize that there is no
their property. This opens their private space to public access. What may be
intention to use eminent
seen as a plan to enhance the community could lead to problems (crime,
domain for the purpose of
vandalism, trash, pet issues, etc.) for individual property owners. Agree that
building bikeways. The
for future developments, Planning consider the need for trails and paths in
proposed ordinance would
dedicated Common areas during the subdivision planning phase. When lots
require facilities shown on the
are sold, the purchaser can make an informed decision -- are they comfortable
plan to be built by the private
with property adjacent to trails, paths, or not.
sector in conjunction with new
development and does not in
any way address, or suggest,
that the county would
construct facilities in existing
developments.
Amendments to the Comprehensive County Plan for the proposed Bikeways,
The proposal is for
needs to be delayed. The county is going to take private property, raise my
amendments to the Code to
taxes, build a boondoggle and waste Millions of $$$$$ on BIKEWAYS. NO
require bikeways shown on
Thanks!
the adopted plan to be built by
the private sector in
conjunction with new
development. Therefore, cost
of construction will be borne
by new development. Based
upon the ordinance,
maintenance costs would be
borne either by the county or
VDOT depending upon the
e of facility.
Attachment C
PROPOSED BICYCLE FACILITIES (BICYCLE, PEDESTRIAN AND SHARED USE PATHS) AND BUFFERS IN
COMMON AREAS CODE AMENDMENT
AND
RELATED EMINENT DOMAIN POLICY
WEB POSTING -PUBLIC COMMENTS AND STAFF RESPONSES
Comment
Staff Res onse
First tell us the impact it will have on landowners and tax payers
See above response.
Please do not IMPOSE the Bikeways zoning regulations on the citizens and
developers of Chesterfield County. Most of us are too busy with job, church and
children's activities to bike or walk on a regular basis. When we do have the
opportunity to bike/walk, we do so in the safety of our own neighborhoods. The
benefit of Bikeways to ALL citizens is so limited that we should be spending this
valuable time and resources on other pressing problems. Also, we all will have
pay the cost and annual maintenance of Bikeways. - original estimate for
Bikeways was $350 million but will probably be 3 times that amount when
Bikeways is finally completed. The
annual maintenance for Bikeways will be staggering.
Your help with this problem would be most appreciated.
Most of my recommendations reflect changes to decision making authority. Given
With a few exceptions, site and
the controversial nature of the bike -ways plan, I believe decision making authority
subdivision plan review is an
for most aspects of this ordnance should reside with the Planning Commission.
administrative function through
This will ensure public transparency and opportunities for input and understanding
which various departments
as these changes are implemented.
staffs enforce provisions of the
1. 19.1-306 provides authority to the planning department to determine the
code. Many sec. of code allow
minimum lot width at the boundary of common lots. This authority should reside
staff to interpret and implement
with the Planning Commission only.
the intent of the code.
2. 17-71(c) provides authority to the Planning Commission or director of planning
With respect to concerns about
to verify whether land is to be dedicated to the county by the subdivider or made
handicapped spaces, the VA
available for acquisition by the county. This authority should now reside
Statewide Building Code
exclusively with the Planning Commission.
regulates numbers and
3. 17-71(d) provides authority to the Planning Commission or director of planning
locations; this ordinance would
to verify that the land is: 1. Required for the proposed public use, and 2. Suitable
not supersede the building code.
for the proposed public use. This authority should now reside exclusively with the
Planning Commission.
4. 19.1-239 Bicycle Storage Space Standards provides for bicycle storage spaces
should be located as close as practicable to building entrances. This language is in
direct conflict with handicap parking spaces for vehicles. This section should be
modified to clearly reflect that handicap parking spaces are to be given priority
location to building entrances. Bicycle storage spaces should be located to
accommodate handicap vehicle parking.
5. 19.1-208 provides authority to the planning department to review and approve
bike -way facility type, design and location. This authority should reside with the
Planning Commission. The planning department should be given recommendation
authority only.
6. 19.1-208 states: If within a county easement on R, R-TH or MH -2 property,
such easement shall be located in common area, unless otherwise approved by the
planning department. This authority should reside with the Planning Commission.
Attachment C
PROPOSED BICYCLE FACILITIES (BICYCLE, PEDESTRIAN AND SHARED USE PATHS) AND BUFFERS IN
COMMON AREAS CODE AMENDMENT
AND
RELATED EMINENT DOMAIN POLICY
WEB POSTING -PUBLIC COMMENTS AND STAFF RESPONSES
Comment
Staff Res onse
On behalf of the Richmond Association of REALTORS®, I would like to
offer our full support of the Bikeways & Trails code amendments. We
appreciate the time and effort that has gone into crafting it and for allowing
members of the community to have a voice in the process. Our staff has
looked over the amendments and nothing presents any major concern to us.
Additionally, we would like to offer our support of the amendments as they
move forward.
These are comments on the Proposed Bicycle Facilities (Bicycle, Pedestrian
and Shared Use Paths) and Buffers in Common Areas Code Amendment and
Related Eminent Domain Policy. I was a supporter of the non -motorized
transportation chapter of the Comprehensive Plan last fall. The proposed
amendments seem entirely reasonable, and, if adopted, will help facilitate the
creation of the paths proposed in the Comprehensive Plan.
Let me emphasize that I would not ride a bicycle anywhere in Chesterfield
County at present because for me, or for my two elementary school aged
grandchildren (who live off Coalfield Road south of Woolridge Road), there
is no bicycle route in the county that is safe. To cite three examples in
Midlothian:
• There is a five-foot bike lane on the north side of Robious Road between
Polo Parkway and a few hundred feet west of Salisbury Drive. Last year the
County extended that bike lane by constructing a four foot shoulder west to
James River Road. But for a potential cyclist like me, a four foot shoulder
beside a busy four lane highway with an average speed of 50 mph is not
where I want to ride. The standards set forth in the new Chapter approved last
fall should require a five-foot bike lane plus a three foot buffer from the travel
lanes on a highway like Robious Road.
• The bike lanes on Woolridge Rd. between Midlothian Turpike and Coalfield
Road are worse. The 45+ mph traffic on Woolridge appears to be as heavy as
it is on Robious. I've measured the bike lanes and found that on the north side
in some places they are less than three feet wide , and on the south side less
than two feet wide.
• The two year old paved shoulders along Huguenot Road between Polo Drive
and Forest Hill Road are even less safe because of their substandard design,
high traffic volumes and speeds on Huguenot Road, and frequent side streets.
Yet on the Bicycle Trails plan map in the "Code Amendment Relative to
Bicycle Facilities and Lot Size Reductions..." document, the above sections of
Robious Road, Woolridge Road and Huguenot Road are shown as "Existing
facilities and designated routes on or along roads".
To facilitate and encourage safe bicycling in the county, properly designed
bikeways are essential. The present code amendments will help, They will
help provide enough room in the right of way of roads to be able to construct
bikeways that will be safe and comfortable for riders of all skill levels. That is
the standard needed so that bikeways will actually be used by a range of
County residents.
Attachment C
PROPOSED BICYCLE FACILITIES (BICYCLE, PEDESTRIAN AND SHARED USE PATHS) AND BUFFERS IN
COMMON AREAS CODE AMENDMENT
AND
RELATED EMINENT DOMAIN POLICY
WEB POSTING -PUBLIC COMMENTS AND STAFF RESPONSES
Comment
Staff Response
Please stop the plans to implement bike trails in the county. This is an
expensive plan that would benefit only a few! Peoples privacy and land will
be impacted .... this is not fair to all!! Please stop this!!
Great! I wholeheartedly support bicycles, pedestrian and shared use paths.
(Our county BOS is preparing to hoist new zoning regulations on the backs of
taxpayers in support of Bikeways.) Bikeways is still a 350 mile park for the
benefits of a few.... and will be paid for by the many/ALL taxpayers.
Most taxpayers do not have the free time or money to bike or walk regularly.
Those who can, bike and walk in the safety of their own neighborhood.
Bikeways is part of a progressive world-wide program to get you out of you
cars, out of your single-family homes and into the crowded cities where you
can walk or bike to your work and to the grocery store. They want the USA
to become Europe. Please delay the new zoning regulations until the impact
they will have on landowners, taxpayers and developers is revealed to all
taxpayers. We have too many important challenges to be spending value time
and staff resources on a program to benefit the few who have the time and
money to walk and bike outside their own neighborhood. I have spoken
against this at the Board of Supervisors meeting many times as have a large
number of people.
°``
Attachment C
PROPOSED BICYCLE FACILITIES (BICYCLE, PEDESTRIAN AND SHARED USE PATHS) AND BUFFERS IN
COMMON AREAS CODE AMENDMENT
AND
RELATED EMINENT DOMAIN POLICY
WEB POSTING -PUBLIC COMMENTS AND STAFF RESPONSES
Comment I Staff Response
The proposed County Eminent Domain Policy states that "the County will not
use the power of eminent domain to acquire property (including easements)
for the development of bicycle" paths. But isn't that inconsistent with what
the County staff presented concurrently with its proposed ordinance (on page
18, Section 19.1-208) requiring that the bikeways shall be "provided" by the
landowner as a condition before a site plan or subdivision plat on his or her
land can be approved and that construction be "completed" prior to
recordation of certain lots?
It appears that the new Section 19.1-208 of the currently proposed Bikeways
Ordinance requires, under various circumstances, that a landowner who wants
to develop his land, would now be required to (1) reserve the land, (2) give
the land (or right of way or easement) to the government for free, and
furthermore requires that the landowner (3) spend money to pay for the
bikeways and (4) complete the construction of the bikeways.
During the public hearings, an average figure of a $1,000,000 a mile was
communicated for the bikeways, not including the cost or value of the land.
Questions were raised as to where the money was going to come from. Was it
ever represented to the public that the cost of the bikeways was going to be
forced onto landowners if they wanted to use their property and get a site plan
approved?
Doesn't the proposed ordinance take private property for a bikeway without
requiring compensation, and additionally require the landowner to pay to
build the bikeway? Indeed, isn't the regulation (proposed ordinance) itself
taking without compensation with legal exposure and potential expense to the
County? Including defending claims of inverse condemnation?
Don't such a regulatory taking violate Virginia law and doesn't the proposed
Ordinance go beyond what was adopted in the Comprehensive "Plan" last
year by the prior Board?
Some of my clients have urged that the County (1) revise the proposed
Ordinance to reflect the voluntary nature of the program and (2) modify the
proposed Eminent Domain Policy (sample language attached) to provide that
the County will not acquire such property or facilities by regulatory
requirements.
Suggested Modifications
CHESTERFIELD COUNTY EMINENT DOMAIN POLICY
(Bikeway-sBikewav & Trails Chapter of the Comprehensive Plan)
1_Under applicable law, Chesterfield County is permitted to use the power of eminent domain to
acquire private property for public use subject to the requirement to pay just compensation for
the property acquired. The County's use of eminent domain must comply with the United
States Constitution and the Virginia Constitution. Eminent domain may be used to acquire
property for public purposes such as, but not limited to: (i) public roads and rights of way, (ii)
public facilities such as fire stations, schools and parks, and (iii) public wastewater and water
systems. -Under Virginia law, each exercise of eminent domain by the County must be
authorized by a vote of the Board of Supervisors after conducting a public hearing.
2. On November 18, 2015, the Board of Supervisors amended the Comprehensive Plan for the
County by adding a new Chapter 14 titled Bikeways and Trails. This chapter focuses enof the
development of bicycle, pedestrian and shared use pathway facilities throughout the County.
3. It is the policy of the Board of Supervisors that the County will rtetneither use the power of
eminent domain nor regulatory requirement to acquire property (including easements) for the
development of bicycle, pedestrian or shared use pathway facilities that will be located outside
of right-of-way proposed or intended to be maintained by the Virginia Department of
Transportation.
4_ Notwithstanding the above, this policy does not apply to the acquisition of property for the
development of bicycle, pedestrian or shared use pathway facilities: (i) that does not involve
the exercise of eminent domain or regulatory requirement including, without limitation, the
^fehase of pr-, pep:,y or- acquiring property through gift or voluntary dedication and/or (ii)
where a person owning an interest in such property is unknown _
5. The Board of Supervisors may waive or revoke this policy by majority vote.
Cost estimates provided during
the preparation of the Bikeways
and Trails Chapter were
compiled from several sources
including Virginia Department
of Transportation, nearby
locality projects and county
projects. While some figures
were estimates based upon
construction costs only, others
were actual project costs
including preliminary
engineering, right-of-way
acquisition, utility relocation
and construction. The average
figure of $1,000,000 per mile
would fall into the latter
category — based on actual
projects costs including the cost
or value of the land.
Attachment C
PROPOSED BICYCLE FACILITIES (BICYCLE, PEDESTRIAN AND SHARED USE PATHS) AND BUFFERS IN
COMMON AREAS CODE AMENDMENT
AND
RELATED EMINENT DOMAIN POLICY
WEB POSTING -PUBLIC COMMENTS AND STAFF RESPONSES
Comment Staff Response
As a resident of Chesterfield, a strong supporter of increased bicycling
options for residents, and someone who has worked on transportation issues
for a number of years, I would like to commend County Planning staff for the
proposed code amendments regarding bike facilities and buffers in common
areas. The amendments will foster greater safety for pedestrians and
bicyclists, increase the appeal of alternative transportation modes, and quite
literally pave the way for the new routes envisioned in the "Bikeways and
Trails" chapter of the County's Comprehensive Plan. It is especially
encouraging that the amendments will require non-residential development
projects going through the site plan or subdivision review processes to
provide planned bikeways, with separated shared use paths the preferred
facility. Other aspects of the amendment add to its practicality, including the
measurement of required setback for non-residential buildings from the
original rather than the expanded right-of-way perimeter; the waiving of
limited numbers of automobile parking spaces in return for short-term bicycle
storage spaces; and the reductions in minimum lot size for properties
bordering bikeways. These sensible terms will help make the provision of
bikeways and bicycle parking a feasible, attractive opportunity, rather than an
onus, for Chesterfield businesses and institutions.
One concern is that neither the Comprehensive Plan nor the proposed
amendments distinguish between planned on -road facilities (such as bike
lanes and wide shoulders) and along -road facilities (such as shared -use paths
running parallel to a road). The codified definition for "bikeways" includes
both types of improvements, and both are shown in blue on the Bikeways and
Trails Plan Map. The determination of the exact type and dimensions of the
bike facility will be left to the plan review process. Yet shoulders, bike lanes,
and shared -use paths provide vastly different rider experiences and levels of
safety. The appropriateness of a given facility varies with traffic volume and
speed, number of lanes, and topography. Without direction, developers may
choose the cheapest option rather than the safest and most useful one. I would
therefore suggest the addition of language stipulating which type of facility
must be provided given the site conditions, as other counties have done [see,
for example, the Loudoun County Bicycle and Pedestrian Mobility Master
Plan, which provides a matrix for choosing facilities based on roads'
functional classification and adjacent planned land uses (p.29)].
In addition, the portion of the ordinance that addresses "bicycle storage
spaces" could be strengthened by greater specificity. Currently, the proposed
code simply requires that storage be designed and located such that it is
"effectively usable." More guidance is necessary to ensure that storage is not
only usable but also visible and convenient. The proposed code amendment
should include items such as: Location of bicycle racks in a well -lit area
within x feet of the primary building entrance; Dimensions of the rack and
pedestrian access aisle; or minimum distance from a vertical surface; Type of
rack used, e.g. inverted "U" racks as recommended by the Association of
Pedestrian and Bicycle Professionals, rather than grill racks.
Fairfax County offers an excellent example of a bicycle parking policy to
promote "ample, safe, and secure" bicycle storage.
These modest changes would strengthen the proposed amendments, and I urge
their incorporation. Again, I applaud Planning Department staff for
developing the proposed code amendments, and I strongly support them. I
look forward to the improvements to the bicycle and pedestrian network these
provisions will bring and hope that in the future, Chesterfield bikeways and
bicycle storage policies will extend to all development in the County—
including residential construction. Thank you for your consideration of these
comments.
Advertising Affidavit
300 E. Franklin Street
Richmond, Virginia 23219
(804) 649-6208
COUNTY OF CHESTERFIELD
BOARD OF SUPERVISORS
P.O. BOX 40
9901 LORI RD.
CHESTERFIELD, VA 23832
Account Number
3005440
Date
October 19, 2016
Date Category Description Ad Size Total Cost
10/19/2016 Meetings and Events TAKE NOTICE Take notice that the Board of Supervisors of Ch 2 x 44 L 416.00
TAKE NOTICE
Take notice that the Board ofSup�vi;as of Chestedield County, Vir-
ginia, at an a*umed meeting un nesday, October 26, 2016 at 630
P.M in the County Public Meeting Roan at the Chesterfield Administra-
tion Buddlno. We 10 and Lai Road. Chesterfield, Viroinia will hold a
briinance to amend Code of County of Chesterfield, 1997, as amended,
by amending and reenacting Sea. 191.27,19.1.30,19.1.53,19.1{1,19.1•
6419.1.71,19. 19. -N19.] 81,19.186 19.1.92,19.1.97,19.1.13119.1.208
thru 191.212,19.1.231,19.1.23419.1.239,1&1.262 thru 19.1.264,1&1-
274,19.1.304,19.1.30419.1.369,191.550 & 19.1.570 of Zoning Ordinance
and Sea. 17.24,11.5417.62 & 17.71 of Subdivision Ordinance relating
to Bicycle Facilities, Buffers in Common Meas & Caner Side Yard Set.
backs. Amendment would require bikeways in accordance with the
Comprehensive Plan for development requrng site or lot subdivision
plan approval unless director of planning determines construction is not
leas b e per certain criteria. Among other things amendment world al•
I ow aaggggrneued person to request planning commission review of plan
rereggarding akeways; exceptan to certain setbarks where ultimate
dgft of way expanded solely for bkeway or bikeway ablds lot; reduc•
tion m parlang spaces d bicycle storage spaces prontled; buffers modi•
fiction when bikeway located m buffer 2040 reduction m lot area
vile lot shares common boundary with a road buffo bated in com•
mon area a bikeway constructed m carpaction with the iot & land is
dediated fa bikeway, note the Board of S�ervaors ma recommend
reduction in lot area m excess of 20%. In A ition, the or 'nance would
amend defni5on 0 pedestrian way^, define bikeway and shared use
path; cW y backs for comer side yards in Residential and Agnwl•
A policy providing that the Board 0 Supervisors will not use eminent
domain to acquire property for bikeways, pedestrian ways a shared
use palls which wil be constructed outside of right-of-way to be main-
tained by VDOT.
A copy of the full ted of the ordinance, including the proposed amend;
ment, s on file n the County Administrates oif�ce, Room 504, 9901 Lon
Road Chesterfield Cordy Virginia and may be examined by all Inter•
ested pesons between the hers of 830 a.m, and x00 px Monday
through Friday.
The heading s held at a p Nc facHh designed to be accessible to per•
sons with disabiliBes. Any persons with questions on the accessibility
of the Wit or the need for reasonable accommodations should con•
tactlance Blakley, Clerk to the Board, at 748.1200. Persons needing to-
terpreter services for the deaf must notify the Clerk to the Board no lat-
er than Friday, October 21, 2016.
Publisher of the
Richmond Times -Dispatch
This is to certify that the attached TAKE NOTICE Take notice t was
published by the Richmond Times -Dispatch, Inc. in the City of
Richmond, State of Virginia, on the following dates:
10/12, 10/19/2016
The First insertion being given ... 10/12/2016
Newspaper reference: 0000403506
Sworn to and subscribed before me this
State of Virginia
City of Richmond
My Commission expires
Janet Johnson Williams
NOTARY PUBLIC
Commonwealth of Virginia
7566416
My Commission Expires June 30, 201
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
a i acv
Yl�kGIN�,
Meeting Date: October 26, 2016 Item Number: 20.
Subiect:
Adjournment and Notice of Next Scheduled Meeting of the Board of
Supervisors
County Administrator's Comments:
County Administrator:
Board Action Requested:
Summary of Information:
Motion of adjournment and notice of joint work session of the Board of
Supervisors and School Board on October 28, 2016, at 1:30 p.m. in Room 502
at the County Administration Building to discuss budget priorities.
Preparer: Janice Blakley
Attachments: El
Yes
Title: Clerk to the Board
® No # c